#TBE {{PAGE BLUR}}
(a) Constitution of Pakistan (1973)-- Art. 199 (1) (b)-Writ of quo warranto-Can be instituted by any person even though not aggrieved.-[Writ). [p. 141014
(b) Punjab Local Government Ordinance (HI of 1979)- -- S. 21 (f) read with Houses of Parliament and Provincial Assemblies (Elections) Order [President's (Post-Proclamation) Order (5 of 1977)), Art. 10 (2) (b) (4)-Disqualification of member of Council- Respondent retiring from Pakistan Army and two years period not elapsing since he ceased to be in .Service, held, disqualifted,,U'Ae member of Parliament under Post-Proclamation Order (5,:of .1977) and as such disqualified to be member of Local Council. Fp. 14111B 1zili mid 2[2012001g !Ifit L 1-aii tmize. 'di tisoa iLrlt woxi? Blnow SIX .1-0g0 Date of hearing : 15th June ynn ,?2,1 dr)
Learned counsel for respOndent No, ,1. States that he has already ,filed his written statement in office, after aaradv:ance copy to ,the :petitioner's counsel, the petitioner's-learned counsel, accepts that he has received an advance copy. Since .The vritten statement has not been put up alongwith the file by the office, learned counsel for, the respondent has been allowed to file another copy. Of -the written staterpept oday, which is placed on record.
2. Since, respondent No 2, was absent, 0001,Jurig1:080 despite service, he was;,pfpceeded against ex parte :so c-=-,
3. Respondent No I, has been elected as a.Memiier of the tititOm tiouncil Ugali, Tehsil Khushab, District,Sargodha... The petitioner who 41itas a voter in the-same Electoral Unit from where the respondent was elected, has challenged the- membership of thefespOndent,on the ground that he had, retired from Governmerw,serviceomithia,,twoi years of the filing of this writ petition. It is contended:that thexesperideritt4d retired as Subedar from the pakistan Army la April 1979, which contention is accepted by the responcfent4p be cciltec ::.'pelitionef's case is that in view of the provisions ' of sea,i6h11 (if)'`6Vihe Ptinjab''Local Goverh-* ment Ordinance, 1979 read with Article 1p(2) (b) (4) of President's (Post-Proclamation) Order (5 of 1977), the respondent is disqualified to be a member stf, 410, .Local Council.
4. Learned counsel for responder No. 1, submitted that since the petitioner was not a contesting condidatel he is not an aggfieved person and has therefore no 1octa'4tandi to tilt' this writ petition.
The conten- tion is without any force, becatise relator can make an application under Article 199 (I) (b) of the Constitution. It is also submitted on behalf of the respondent that 'Other contest-4i candidates have not been impleaded as respondents, in this writ petition.. This objection too is without any merit. The writ petition is directed only against the membership of respondent No, and the persons who had contested the election with him have nothing.To.Do with the present case. {{PAGE BLUR}}
5. It is also urged on behalf of the respondent that at the time of _ scrutiny of the nominationllaPtis, no one had alleged that the respondent {{PAGE BLUR}} was disqualified ,itglhel a candiditte on, account of having retired from Government service within two years of the election, and as such the petitioner is now, estopped from raising this question.
There is no question of any estoppel arising in this case. The petitioner was not a contestingcandidated ttaii Olen was na..-.Accasion forhint tp raise any objectionagainittilikiesP9Adent's P#1444,1,tire.
6. Lear .'kiliierl'iii the IS'espcindent has also urged that this etsiit petition is mc4/4 it ;Cause the peiitioner's brother has already filed an t election petitistx, ga 'st the respiiheent, which is yet pending before the Election Tributiat ' I -do not fineay 'merit in this objection either. There is nothing on the record to suggesilthat this application has not been made in publiclinterotti ry
7. Under Article 10 (2) (b) (4) of the Houses of Parliament and Provincial Assemblies (Election)
Order, 1977, a person is disqualified from being elected or chosen a ember .Of Parliament if he has been in the service of Pakistan unless a pesiqd of two years has elapsed since he ceased to be in such service. As it isadmitted that the respondent was in the service of Pakistan Army ti:1141ae month of April, 1979, he is disqualified.To be a member of the Parliament. Section 21 (f) of .Th Punjab Lobal Government Ordinatice,-,A979 provides that 'a person shall be disqualified tollifelticandidate or ill-member; of a tocal council if he, for the time beittr-Wdisqualifiedftit membership,of the Parliament or Provincinl Asseikftvctinder any law. For the time being in- force. A already obsetvedPdieNreSpondentilvailtisquitilfied to be a member of the Parliament uhdetc)(Post- ProclamationAOrder , 5 of 1977. The .Respond is, therefore, dlkualified, so, bata)anamber, of a Local COnaci_l, and it is declared'that Vso-distua4ified,, zJi -_,
6. This , writ petition is accepted. However, the parties are left to hear their oiefi''Vdtt.Fl J"'",' '' - ' --- 7 .r: , - ..t'1 -P;f1J 3t. - - 7: The eff4eit.,,e0f; this order is that fresh election will be bele' for the seat,vacatect-by thele4 pondent.