' FALAK SHER, 1.--- Petitioners Mumtaz Ali and Muhammad Zafar Iqbal candidates for the office of Nazim and Naib Nazim, respectively of the within mentioned Union Council for the ensuing Local Government Elections, aggrieved by the rejection of the latter's nomination papers by the Returning Officer on 23-7-2005 for having been convicted and sentenced to two years' R.I. In the case registered vide F.I.R. No,175 of 10th December, 1993 under Article 11 of the Prohibition (Enforcement of Hadd) Order, 1979, Police Station Factory Area, District Sargodha for allegedly found to be under the influence of alcohol, by a police petrol post midnight while travelling in a public 'carrier, placing him under probation within the contemplation of section 5 of the Probation of Offenders Ordinance, 1960 with a view to enabling him to be a good Pakistani citizen by a Local Magistrate on 26-2-1995, successfully assailing the same in appeal before the District Returning Officer on 26-7-2005, confronted with the reversal thereof by the Lahore High Court granting the respondents' writ petition vide the impugned order, dated 30-7-2005, prima facie, opining to have committed a major sin rendering him disqualified for contesting the elections have sought leave to appeal primarily contenting that admittedly Muhammad Zafar Iqbal, petitioner was a juvenile at the time of complained of incident with no previous history nor admittedly has indulged into any objectionable/ unlawful activity ever since, cannot be branded as a person not enjoying good character and commonly known as one violating Islamic Injunctions thus, cannot be exposed to the rigorous of disqualification perceived by section 152(1)(d) of the Punjab Local Government Ordinance, 2001 disenfranchising him for the rest of his life.
2. Factum whereof remained uncontroverted by the learned counsel appearing on behalf of the respondents having joined the proceedings as a caveator.
3. In view of the admitted position that the grudged against petitioner had a clean record prior to the solitary reported incident ancient by 12 years when he was a juvenile, for which he was placed under probation for enabling him to be a good citizen, subsequent whereto nothing is available on the record justifying to hold him otherwise rendering him disqualified to contest the polls within the contemplation of section 152(1)(d) of the Punjab Local Government Ordinance, 2001 relevant text whereof for the sake of convenience of reference is reproduced hereinbelow:-- Qualification for candidates and elected members.--- (1) A person shall qualify to be elected or to hold an elective office or membership of a Local Government, if he---
(a) to (c) ...............................................................
(d) is of good character and is no commonly known as one who violates Islamic Injunctions; has adequate knowledge of Islamic teachings and practices, obligatory duties prescribed by Islam as well as abstains from major sins, provided that these qualifications shall not apply to a person who is a non-muslim but such a person shall have a good reputation," converting the petition into appeal the same is allowed and the impugned. Order is set aside with the right to the petitioners to contest the elections.