' Through the present writ petition, petitioner has sought direction of this Court to Respondent No, 4 for issuance of notification of local Zakat Committee i,e, Fazilpur Sharqi, Fazilpur Gharbi and Fazilpur Sharqi Shumali, as per announced result of Election (Form LC-II) dated 28.06.2014.
2. Learned counsel kir the petitioner submits that Respondent No, 4 issued notification for election of local Zakat Committee in the District Rajanpur and appointed Respondent Nos. 5 to 7 as convener and members of the team for conducting the elections. Submits that after conducting elections of the local Zakat Committees, Respondents No, 5 to 7 submitted results for issuance of notification of successful/selected members of the local Zakat Committees, however, Respondent No, 4 issued Notifications for all the local Zakat and Ushr Committees except the three above mentioned committees. Learned counsel submits that Respondent No, 5, after conducting election, not only announced the results but also issued Form LC-II mentioning the elected chairman and members of local Zakat Committees. However, Respondent No, 4 issued notification of only seven local Zakat Committees and did not issue notification of above mentioned three local Zakat Committees. While arguing the matter, learned counsel submits that under Section 15(10) of Zakat and Ushr Act 2012 (Act), Respondent No, 4 is bound to issue notification as per the result declared by the Respondent No,
5. Submits that direction may kindly be given to Respondent No, 4 to issue the notification without any further delay.
3. On the other hand, learned Assistant Advocate General on behalf of the Respondents No, 1 to 4 submits that on the day of elections for Zakat Committees of Fazilpur Sharqi, Fazilpur Gharbi and Fazilpur Sharqi Shumali, an application/complaint was received wherein certain allegations were levelled regarding conduct of elections, therefore, elections for Fazilpur Gharbi and Fazilpur Sharqi Shumali were cancelled. Further submits that District Zakat Committee (DZC) in its meeting held on 02.04.2014 restrained the chairman of the District Zakat Committee (DZC) to issue notification of election results unless signatures of all the members of the election team are available on LC- II Form. Maintains that the L.C-II form of three local Zakat Committees does not bear the signatures of all the three members of the election team. Further submits the Alim-e-Deen, one of the member of election team, has executed an affidavit that his signatures on LC-II Form were obtained later on in a mosque. Submits that LC-II Form was incomplete, therefore, notification could not be issued. It is also submitted by the learned AAG that decision made by the District Zakat Committee in 30th meeting held on 16.07.2014 is an appealable order, therefore, writ petition is not maintainable. It is further submitted that a civil suit titled "Saif Ullah Khan etc vs. Chairman, DZUC, Rajanpur etc" is also pending adjudication.
4. Respondent No, 5 convener District Zakat Committee is present himself and has also filed his comments wherein he fully supported the case of the petitioner.
5. In response to the submissions of AAG, learned counsel for the petitioner submitted that no question of appeal arises as the petitioner has filed writ petition on failure of the Respondent No, 4 to fulfil his statutory duty as required under Section 15(10) of the Zakat and Ushr Act, 2012. Further submits that application/complaint referred by the learned AAG for stopping of election was filed by a Government servant who was not an aggrieved person and was filed the said application/complaint with mala-fide intention. Further submits that under Zakat and Ushr Act, 2012, Chairman District Zakat Committee has no power/authority to cancel the election.
' Further submits that the cancellation order was passed without hearing the aggrieved persons.
6. Arguments heard, record perused.
7. Before dealing with the controversy in hand, I would like to state that-learned counsel for the petitioners has made his submissions on the basis of Punjab Zakat and Ushr Act, 2012 and states that after the promulgation of said Act the Zakat and Ushr Ordinance, 1980 has been repealed.
However, despite my effort as well as efforts of the Research Cell of this Court there exists no material on the Punjab Zakat and Ushr Act, 2012. A bill was presented in the Punjab Assembly but the same was never adopted/approved by the Provincial Assembly. Further under Article 270 AA(6) of the Constitution of the Islamic Republic of Pakistan,1973 which states asunder:
(6) Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act, 2010, all laws with respect to any of the matters enumerated in the said List (including Ordinances, Orders, rules, bye-laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any other part thereof, or having extra- territorial operation, immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to remain in force until altered, repealed or amended by the competent authority.
' In view of the above said Article 270-AA(6) of the Constitution the Zahat and Ushr Ordinance, 1980 still holds the field. It is also clarified that a bill "Punjab Zakat Ushr Act, 2012" was introduced in Punjab Assembly but the same has not been adopted/passed till date. Therefore, Zakat and Usher Ordinance, 1980 (Ordinance) holds the field and applicable to the Province of the Punjab.
8. Now I shall take up the From LC-II dated 28.06.2014 submitted by the Respondent No, 5 showing the results of Election of local Zakat Council Fazilpur Sharqi which is placed on record as Annex-B at page 11 of the writ petition.
9. Bare perusal of the said Form reveals that same has been singed by Respondent No, 5 being Convenor of the Team nominated under Rule 4(2) of the Local and the Tehsil/Sub-Divisional Zakat & Ushr Committees (Constitution) Rules, 1993 (Rules) and one Aalim-eDeen only. The said form does not contain any report regarding objections raised during the election. Rule 13 of the 1993 Rules states as under:
13. Report on the selection/election in a locality.--As soon after the selection/election in a locality as possible, the Team shall send a report to the District Committee, giving brief account of the procedure adopted for and results recurred in respect of the selection/election, and result secured in respect of, the election of candidates with the proposers and seconders shall also be given. The Team shall also given in their report, particulars of persons who raised, under sub-section (6) of Section 18 of the Ordinance, any objections, the gist of such objections, and the decision given thereon. The Team may also mention any other noteworthy aspect of the selection/election in that report. The report shall be signed by all the members of the Team and delivered to the District Committee at the earliest.
10. Admittedly the Form LC-II is not signed by all the member of the Team, therefore, as per Rule 14 of the Rules result of election/selection cannot be notified by the District Committee as notification can only be issued on receipt of report by the team to the District Committee as per Rule 13. Rule 14 states as under:
14. Constitution of Local Committee--Notifying the Constitution of a Local Committee by the District Committee.--The District Committee shall duly notify as required under sub-section (5) of Section 9 of the Ordinance, the constitution of the Local Committee concerned, as soon after the receipt of the report of the Team under Rule 13 as possible, and in a manner deemed appropriate by the District Committee. A copy of this shall be sent to the Provincial Council also."
11. Even otherwise in the present case the election of Fazilpur Sharqi, Fazilpur Gharbi and Fazilpur Sharqi Shumali has already been declared bogus by the District Zakat Committee, Rajanpur in its meeting held on 16.07.2014. The said decision of the District Zakat Committee has not been challenged by the petitioner before this Court or before any other competent Court/forum, therefore, the same has attained finality.
12. In view of what has been discussed above, this petition has no force which fails and the same is hereby dismissed.