SYED SHABBAR RAZA RIZVI, J. The learned counsel seeks annulment of licence issued to Respondent NO. 3 as Nikah Khawan of Union Council No. 275- Faisalabad, on the ground that in one Ward only one person is contemplated as Nikah Khawan. According to the petitioner, he was appointed as Nikah Khawan on 2.2.1994 and since then has been performing his function in the above capacity.
He refers to Section 5(2) of the Muslim Family Laws Ordinance, 1961, to reiterate that only one Nikah Khawan is envisaged in a Ward. He further submits that total population of the Ward comprises 1003 votes, per voters list of year 2007. Both petitioner and respondent No. 3 are residents of the same Street No. 7 of the same Ward.
2. According to the learned counsel for the petitioner, respondent No. 2, Nazim Union Council No. 275-Faisalabad is a close friend of Respondent No. 3 and on the basis of said relationship he appointed respondent No. 3, and issued licence of Nikah Registrar to Walipura Ward, Union Council No. 275, on 26.8.2006. According to the learned counsel, respondent No. 3 is running a shop, therefore, is not otherwise qualified for issuance of impugned licence. According to the learned counsel, issuance of impugned licence means infringement of legal rights of the petitioner and also violation of statutory provisions i.e. Section 5 of the Ordinance, 1961.
3. I have heard the learned counsel for the petitioner at length followed by submissions of the learned Assistant Advocate-General, Punjab and the learned counsel for the respondent No. 3.
4. Have examined different provisions of the Muslim Family Law Ordinance, 1961. Section 5(2) provides for appointment of a Nikah Khawan in a Ward. It may be pointed out that after introduction of Punjab Local Government Ordinance, 2001, provision of Ward has been abolished. Every town/city is divided into different union councils. It seems that the corresponding changes have not been introduced in the Muslim Family Laws Ordinance, 1961. In either case, service Wards do not exist anymore in Union Council No. 275- Faisalabad, therefore, the whole argument of the learned counsel for the petitioner stands evaporated and leaves no basis for his argument/edifice. Likewise, no specific qualifications are prescribed in the Muslirrlt Family .Laws Ordinance, 1961 for appointment of Nikah Khawan.
4. In view of the above, this 'writ petition is dismissed . .