' SYED SHABBAR RAZA RIZVI, J.---The petitioner filed his nomination papers in Union Council 100, Sheikhupura to contest as Nazim. His nomination papers were rejected on the ground that petitioner was holding the office of Administrator Market Committee, manawala. The objection was accepted by the learned Returning Officer. The appeal was filed before the District Returning Officer, which was also rejected.
2. The learned counsel for the petitioner submits that petitioner cannot be treated as a public servant, therefore, disqualification under section 152 of the Punjab Local Government Ordinance, 2001 is not attracted.
3. The contention of the petitioner is not consistent with relevant provisions of the Punjab Agricultural Produce Markets Ordinance, 1978. In my humble view, the Administrator, is a Government servant. In this regard certain provisions of the Ordinance are discussed hereinafter.
4. Section 9 of the Punjab Agriculture Produce Markets Ordinance, 1978 (hereinafter referred as an Ordinance) provides different duties of Market Committees, which includes establishment of market within the notified area, provision of different facilities for those who use Market Committees, issuance of licence to different persons, brokers, weighmen, etc., and to levy and receive different fees, etc. Section 10 of the Ordinance provides terms of members. Section 11 empowers Zila Council/Government to remove any member in case of misconduct, etc. Section 12 provides election of Chairman and Vice-Chairman from amongst members of every market committee. Section 17 declares that every person employed by Market Committee and every Member thereof shall be deemed to be a public servant within the meaning of section 21, P.P.C.
Under section 28 of the Ordinance, Government has a power to supersede a Market Committee which is found incompetent to perform its functions. When the Government supersedes a Market Committee, it may at its discretion constitute either a new Market Committee or appoint any other authority for the carrying out functions of the Market Committee as the Government may deem fit, as presently the Administrators have been appointed throughout the Province under section 33.
Under section 33, the Government has emergency powers whereby Government may by Notification declare that the functions of the Market Committee shall, to such extent as may be specified in the notification, be exercised by Government or such person or persons as it may direct, assume to itself or any of the powers vested in or exercisable by any Market Committee. The last but not the least to mention, under section 28(A), it is provided that notwithstanding anything contained in the Ordinance, where a general election of the National or Provincial Assembly or both is announced and the Government is satisfied that it is in the public interest to prevent the Market Committees from using their funds or influence for political purpose, the Government may, by notification, dissolve the Market Committees. It may be highlighted that if the Ordinance itself contemplates that Market Committees can influence election of National or Provincial Assemblies, it is natural to believe that they can also influence election of local bodies.
5. In view of the above survey of relevant sections/provisions of the Ordinance, particularly section 28(A), the learned District Returning Officer is justified in observing that "on the one side being Administrator he also falls within definition of section 17 of the Ordinance and secondly it is injustice that a person who is exercising certain powers/authority in the same area and he shall be allowed to contest election from the same area." It is a constitutional and statutory duty of all, involved in the election process to ensure that election is held fairly,justly and transparently. For that even ground should be provided to all contesting candidates.
6. In view of the above, the order of the District Returning Officer is upheld and writ petition is accordingly dismissed in limine.