1. [Lahore]Present: IJAZ AHMAD CHAUDHRY, J.Syed Esar Hussain NaqvlVersus .District Coordination Officer, Nankana Sahib and 3others 'v.\'Writ Petition No. 9287 of 2009, decided on 5th June, 2009.CONCLUSION(1) No member has a vested right to perform as an officiating Nazim.(a)
2. Officiating Nazim----To become an officiating Nazim is not a vested right.(Para 5)(b) Punjab Local Government Ordinance (200I)--S. 152-Election of Nazim/Officiatihg Nazim-Requisite qualification- For the election of Nazim or Naib Nazim the prescribed qualification is matriculate and there is no provision that even a non-matriculate member can at as an officiating Nazim.(Para 5)OFFICIATING NAZIM - (Requisite qualification)(c) Constitution of Pakistan (1973)--Art. 199-Punjab Local Government Ordinance, 2001, Ss. 152, 156(7)-Performance as an officiating Nazim- Requisite qualification-Petitioner was non-matriculate, and on objection that he could not become Acting Nazim, D.C.O, directed Acting Nazim of Union Council to hold a fresh meeting for selection-Writ petition in High Court against impugned order with assertion that there was no embargo on any councilor in performing as an Acting Nazim-Validity-Petitioner was not matriculate^-Rrescribed qualification for election of Nazim/Naib Nazim was matriculate-There was no provision that a non- matriculate member could at as ah officiating Nazim, said seat fell vacant-Even otherwise respondent-member having confidence of majority could at as an officiating Nazim who was a matriculate-Petitioner did not have a vested right to acting as an officiating Nazim- - Writ . *k (Para 5)Key Terms:- Officiating Nazim.[To be an officiating Nazim; he should be matriculate].For the Petitioner: Faisal Maqsood Ahmed Khan and Sheikh Navid Shehr Yar, Advocates.Mian Shsan-ul-Haq Sajid, Advocate General.For the Respondent No. 1: Ch. Abdul Wadood, Advocate.For the Respondents Nos. 3 and 4: Muhammad Zubair Khalid Ch., Advocate.Date of hearing: 5th June, 2009.ORDERIJAZ AHMAD CHAUDHRY, J. - Briefly the facts as narrated in the petition are that Nazim of Union Council-18 Shah Kot died on 16.4.2009 and seat of Nazim fell vacant. Naib Nazim of the Union Council called the meeting of the General House under Section 156(7) of Punjab Local Government Act, 2001, in which the petitioner secured majority votes and elected an Acting Union Nazim till the elections are held. However, one of the member of the Union Council raised objection that petitioner was not matriculate and he could not become Acting Nazim. According to the petitioner there was no embargo on any councilor in performing as an Acting Nazim under Section 156(7) of Punjab Local Government Act, 2001. Ln such circumstances the petitioner who has been elected as Acting Nazim should be allowed to continue the Work in the same capacity andorder dated 12.5.2009 passed by respondent No. 1 whereby Naib Nazim of Union Council has been directed to hold a fresh meeting for the selection of the Nazim is against the law, which is liable to be set aside.2. Report and para-wise comments have been submitted by respondent No. 2 alleging there in that meeting has been held on the direction of D.C.O, on 16.5.2009 by Naib Nazim Fayyaz Ahmed Chaudhry according to which Sheikh Rashid Mehmood has been elected as Officiating Nazim of the Union Council 18 (Urban 2) Shah Kot, District Nankana as he has possessed the matriculation certificate while the petitioner Israr Hussain Naqvi does not hold the requisite qualification for contesting election of Nazim under Section 152 of the Punjab Local Government Ordinance, 2001 and in the elections of of l2 members, seven members have supported the rival candidate of the petitioner namely Sheikh Rashid Mehmood and writ petition may be dismissed.3. I have heard the learned counsel for the parties and perused the documents and para-wise comments submitted by the respondent No. 2.4. Lt is admitted fact that petitioner is not matriculate while under Section 152(e) of the Punjab Local Government Ordinance, 2001, the prescribed qualification is matriculate, which is reproduced as under:-"that Candidate has academic qualifications of not less than matriculation or secondary school certificate or equivalent from a recognized institution, for contesting the-election of a Nazim or Naib Nazim. ''And Section 156(7) thereof deals with the circumstances, if the seat of the Nazim or Naib Nazim falls vacant which is reproduced here for ready reference:"When the office of a Union Nazim or Naib Union Nazim falls vacant, the members of concerned Council shall, by a majority vote, elect an officiating Union Nazim or, as the case may be, Naib UnionNazim from amongst its members and the person so elected shall continue to retain his office as a member."5. From the above provisions it is crystal clear that for the election of Nazim or Naib Nazim the prescribed qualification is matriculate and there is no provision that even a non- matriculate member can at as an officiating Nazim, If the said seat falls vacant. Even otherwise the member having the confidence of majority votes can at as an officiating Nazim, lt is an admitted fact that Sheikh Rashid Mehmood respondent No. 3 is a matriculate and'he has secured confidence of 7 members of of the 12 and as against him the petitioner cannot be allowed to at as an officiating Nazim being not eligible for the same. Moreover, the petitioner has failed to show that it is his vested right to at as officiating Nazim and no writ can be issued in his favour. This writ petition having no merit is dismissed accordingly. Respondent No. 1 is allowed to issue the notification as per result of the fresh elections and the leamed Additional Advocate General shall inform respondent No. 1 for compliance..