IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- Petitioners have called in question order dated August 10th, 2005 whereby writ petition filed by Shahid Munir respondent was accepted and they were disqualified to contest the election as one of them i.e. Petitioner Ishtaq Hussain Shah was recalled during the last tenure of the Local Councils.
2. After hearing the learned counsel for the parties at length, leave to appeal is granted, inter alia, to examine:--
(1) As to whether in pursuance of Section 163 of the Punjab Local Government Ordinance, 2001 (before amendment) petitioners are eligible to contest the election because according to learned counsel they are debarred to contest re-election and not General Elections of Local Councils.
(2) As to whether despite omitting/repealing the provision of Section 163 of the Punjab Local Government Ordinance, 2001, the petitioner shall remain debarred to contest election on account of the effect of recalling.
Pending decision of appeal arising OF of petition, the petitioners are allowed to contest election.
The Returning Officer is directed to complete pre-poll process before the schedule date of polling so they may participate in the election according to the rules.