' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Learned counsel contended that petitioner was dismissed from police service as back as on 2nd February, 1995, therefore, after lapse of considerable period of about 10 years he would not be disqualified to contest election in view of the provisions of section 152(1)(h) of Punjab Local Government Ordinance, 2001. He further submitted that section 152(1) (h) of the said Ordinance is contrary to Article 163(1) of the Constitution of Islamic Republic of Pakistan and many other identical laws wherein after passing of certain period disability to contest election stands removed, if such a candidate at a previous stage was not found involved in activities involving moral turpitude. He further contended that in Civil Petition No,2079 of 2005 (Waheed Murad and another v. Ch. Muhammad Aslam and otheTs) leave to appeal has already been granted to examine identical questions.
2. Learned counsel for the respondent as well as Advocate-General and Deputy Attorney-General relying upon the cases (1) Muhammad Shabbir Abbasi v. Abdur Rashid Moughal 1984. CLC 270 and
(2) Khan alias Haji Khan v. The State 1991 PCr.LJ 323 contended that the facts noted in the leave granting order in Civil Petition No,2079 of 2005 are distinguishable. They also contended that the petitioner was found guilty of cheating during his service as ASI police by the competent authority as he produced a fake certificate of F.A. At the time of joining police department, therefore, he is disqualified to contest the election.
3. We have heard the parties counsel and have gone through the relevant record and the judgments relied upon by them carefully. In our opinion the contentions raised by both the sides require to be examined in detail, therefore, leave to appeal is granted.
4. Returning Officer of UC 18 Chimmon, District Mandi Bahauddin is directed to include the name of petitioner in the list of contesting candidates for the office of Nazim and complete pre-poll process before the polling scheduled on 25th August, 2005 enabling the petitioner to participate in the election in accordance with law. The order be communicated to the D.R.O. By fax at the cost of petitioner. Appeal arising out of this petition be fixed in the third week of September, 2005 along with appeal arising out of Civil Petition No,2079 of 2005.