' Mushir Alam, J.--The petitioner has impugned the judgment of Lahore High Court, Multan Bench, Multan, dated 21.10.2015, passed in Writ petition No, 15261 of 2015, whereby his candidature as Chairman for Union Council No, 58, Tehsil Chichawatrii, District Sahiwal, accepted by the Returning Officer on 30.09.2015 and maintained by the Election Appellate Authority, vide order dated 10.10.2015 was set at naught.
2. Challenge to the candidature of the petitioner was thrown by the contesting respondent on the ground inter alia that he is disqualified to contest and or be elected as Member of Local Government for a period of four years to be reckoned from 18th of September, 2012 when this Court made such a declaration in the case reported as Mahmood Ahhtar Naqvi v. Federation of Pakistan (PLD 2012 Supreme Court 1089), on account of his holding citizenship of a foreign State within the contemplation of clause (a) of sub-section (2) of Section 27 of the Punjab Local Government Act, 2013 (hereinafter to be referred as 'the Act, 2013'). Such objections were neither accepted by the Returning Officer nor entertained by the Election Appellate Authority as noted above.
3. Acceptance of his nomination papers was challenged through writ petition and a learned Single Judge in Chambers in the High Court in consideration of the fact that the petitioner was disqualified to be elected or chosen to be a Member of Majlis-e-Shoora (Parliament) in terms of Article 63(1)(c) of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred as 'the Constitution') which provision is in para-materia to Clause (a) of subsection (2) of Section 27 of the Act, 2013 (i.e, if he "cease to be citizen of Pakistan or acquires citizenship of a foreign country") and was declared as such by this Court on 18.9.2012 in Paragraph 53 of the judgment reported as Mahmood Ahhtar Naqvi (supra) which reads as under: "As regards Mr. Zahid Iqbal, MNA, vide order dated 18.3.2012 learned ASC appearing for Mr. Zahid Iqbal, MNA was directed to file evidence/documents/certificate issued by the competent authority in terms of British Nationality Act, 1981 to the effect that he is not a citizen of UK but he failed to do so till date despite giving time, thus we have no option but to believe that Mr. Zahid Iqbal, MNA, is holding citizenship of United Kingdom, having Pdssport No, 300997046 of Britain."
4. The learned Judge in the High Court, seized of the matter, declared him to be disqualified in terms of para 11 of the impugned judgment, which reads as follows:- "The perusal of all the judgments referred above leaves no ambiguity that the disqualification adjudged by the Honorable Supreme Court of Pakistan by way of judgment dated 20th of September, 2012 attained finality. In such a case clause (b) of sub-section (3) of Section 27 of "The Act, 2013" will come into play with full force in the way of Respondent No, 3 as he was disqualified on account of holding dual citizenship on 20th of September, 2012 and at the time of submission of nomination papers, the requisite period of four years has not expired."
' Hence, this petition for leave to appeal.
5. Mr. Salman Akram Raja, learned ASC for the petitioner has contended that the petitioner admittedly in past had earned disqualification on account of his dual citizenship when he contested and was elected as Member, National Assembly of Pakistan in the General Elections, 2008, however, which later on pursuant to the judgment of this Court, referred to above, he had renounced and surrendered his citizenship and is no more a UK citizen by virtue of certificate dated 04.10.2012 issued by the U.K Border Agency and since then he is holding unqualified citizenship of Pakistan. It was urged that the petitioner has also put forth his candidature to contest election for NA.162-III, Sahiwal and challenged to his candidature this time was not overturned either by the Returning Officer or by the Election Tribunal, then comprised of the Judges of the High Court, which case is also reported as Rizwan Zouq v. Returning Officer NA-16, SWL-III, Sahiwal (2013 CLC 271), however, his disqualification was sustained by the Lahore High Court, Lahore through judgment dated 07.05.2013 on another ground that at the relevant time he stood convicted by the Court of Sessions which conviction was still intact at that point in time. It is stated that the bar of conviction was also removed when he earned acquittal in Criminal Appeal No, .210 of 2013 by the Lahore High Court, Multan Bench, vide judgment dated 26.12.2013. Is vehemently argued that the petitioner is qualified in terms of the criteria laid down in Section 27 of the Act, 2013 and no other disqualification prescribed in any other law including Peoples Representation Act, 1976 and or "The Constitution", wherein different set of elegibility criteria is set down for the election of a member of National and or Provincial Assembly. According to him, disqualification clause is penal in nature, is to be construes strictly and no set of disqualification prescribed in any other law can be imported to discredit his candidature. It was therefore, argued that assumption of the learned Bench that disqualification in terms of Clause (b) of sub-section (3) of Section 7 of the Act, 2013 would come into play is not sustainable.
6. Learned counsel for the contesting respondent heavily relied on clause (b) of sub-section (3) of Section 27 of the Act, 2013 and strenuously argued that once a person has been disqualified by this Court in the case of Mehmood Akhtar Naqvi (ibid) such disqualification will continue to operate for a period of four years within the contemplation of above referred provision of Section 27 of the Act, 2013. It was strenuously urged that since the petitioner had made a false declaration in the earlier elections, he is not a sagacious, righteous, non-profligate, honest and ameen within the meaning of Article 62(1)(f) of "The Constitution" and is therefore not eligible to contest the present local government elections scheduled to be held on 19th of November 2015. It was further urged that since the petitioner was convicted by the trial Court for filing a false declaration, therefore, acquittal earned by him on technical ground, will not rescue him from disqualification which he earned through judicial verdict of the ultimate Court of the country. To a specific question, it was candidly conceded that no appeal against such acquittal has been filed.
7. Mr. Razzaq A. Mirza, learned Additional Advocate General, Punjab, does not support the impugned judgment. According to him, disqualification, if at all available in terms of Section 27 of the Act, 2013 would discredit the candidature of the petitioner and disqualification provided under any other law and or for that matter even disqualification prescribed for a person from being elected as Member of Majlis-e-Shoora (Parliament) under Article 63 of the Constitution could not be imported or read into Section 27 of Act of 2013 to disqualify any person to put forth his candidature as Member of Punjab Local Government.
8. Mr. Salman Akram Raja, learned ASC for the petitioner exercising his right of rebuttal has contended that eligibility and or disqualification provided under Articles 62 and 63 of "The Constitution", for a person to be elected as a Member of the Parliament cannot be imported and or read as a disqualification under Section 27 of the Act, 2013, unlike Sindh Local Government Act, 2013 wherein, disqualification provisions by reference has been imported from other laws.
9. We have heard the arguments and perused the record. Eligibility and or disqualification for a candidate to put forth his candidature or to hold an elected office of a Punjab Local Government is provided under Section 27 of the Act, 2013, relevant provisions whereof read as under:-- "27. Qualifications and disqualifications for candidates and elected members.-- (1) A person shall qualify to be elected as a member or to hold an elected office of a local government, if he--
(a) is a citizen of Pakistan;
(b) except the youth member, is not less than twenty five years of age on the last day fixed for filing the nomination papers;
(c) is enrolled as a voter in the electoral rolls of the ward or the local government from which he is contesting the election.
(2) A person shall be disqualified from being elected or chosen as, and from being, an elected member of a local government, if he--
(a) ceases to be citizen of Pakistan or acquires citizenship of a foreign State;
(b) is declared by a competent Court to be of unsound mind;
(c) is an undischarged insolvent;
(d) is in the service of Pakistan or of a local government;
(e) is in the service of any statutory body or a body which is owned or controlled by the Government or a Provincial Government or the Federal Government or a local government or, in which any of such Government or local government has a controlling share or interest, except the holders of elected public office and part-time officials remunerated either by salary or fee; provided that in case of a person who has resigned or retired from any such service, a period of not less than two years has elapsed since his resignation or retirement;
(f) is under an existing contract for work to be done or goods to be supplied to a local government or has otherwise any direct pecuniary interest in its affairs;
(g) has been dismissed from public service on the grounds of misconduct unless a period of five years has elapsed since his dismissal;
(h) has been removed or compulsorily retired from public service on the grounds of misconduct unless a period of three years has elapsed since his removal or compulsory retirement;
(i) has been convicted by a Court of competent jurisdiction for a term not less than two years for an offence involving moral turpitude or misuse of power or authority under any law unless a period of five years has elapsed since his release;
(j) has been convicted for an offence involving activities prejudicial to the ideology, interest, security, unity, 4olidarity, peace and integrity of Pakistan unless a period of five years has elapsed since his release.
(3) If a person--
(a) is found, by the Election Commission to have contravened any provisions of sub-section (1) or (2), he shall stand, disqualified from being a candidate for election to any office of a local government for a period of four years; or
(b) has been elected as a member of a local government and is found by the Election Commission to have contravened any provision of sub-section (1) or (2), he shall cease forthwith to be an elected member or to hold the office of such member and shall stand disqualified from being a candidate for election to a local government for a period of four years.
(4) A candidate who claims to be a Muslim shall submit to the Returning Officer the declaration given in Ninth Schedule along with the nomination papers."
10. Any person who may fall within the net of any of the ten (10) listed disqualifications is debarred under clauses (a) to (j) of subsection (2) of Section 27 of the Act, 2013 either to put forth his candidature to contest and or be elected as a member of Punjab Local Government.
Disqualification enumerated in sub-section (2) of Section 27 of the Act, 2013 could be invoked and inflicted both at pre-election and or post election challenge. In terms of such sub-section (3) of Section 27 of the Act, 2013 in case Election Commission returns with a finding that any of the contesting candidate and or elected member has contravened any provision of sub-section (1) and or (2), thereof; on such determination at pre election stage by the Election Commission such person will be debarred from contesting the election and in case such finding is recorded post election then such person shall ceased forthwith to be an elected member and further be incarcerated "from being a candidate for election to a local government for a period of four years."
11. It is an admitted position that the petitioner had already renounced his UK citizenship with effect from 4.10.2012. Disqualification on account of dual citizenship within the contemplation of clause
(a) of sub-section (2) of Section 27 of the Act, 2013 is not attracted in instant case as on the date of nomination papers, the petitioner was admittedly, not holding any dual citizenship. The moment a person gives up his dual nationality, he becomes eligible to put forth his candidature for election as a member or to hold, an elected office of a Local Government under Section 27 of the Act, 2013, unless of course disqualification on account of holding dual citizenship was inflicted by the "Election Commission" under clause (b) of subsection (3) of Section 27 of the Act of 2013. There is nothing on record to show that the "Election Commission" had ever inflicted any such disqualification on the Petitioner, therefore, bar to contest election for a period of four years would not be attracted in the case in hand.
12. When the learned ASC for the contesting respondent was quarried as to whether there is any declaration and or finding recorded, by the Election Commission that the petitioner has contravened any provision of sub-section (1) and or (2) so as to inflict a disqualification for a period of four years. It was urged that such disqualification was made in the case of Mehmood Akhtar Naqvi (supra) whereby this Court on 18.9.2012 declared him to be disqualified for holding office and being Member of Majlis-e-Shoora (Parliament).
13. It was further urged that since he had made a false declaration at the time of General Elections, 2008 as to his dual nationality, he is not a sagacious, righteous, honest and ameen within the contemplation of clause (f) of Article 62 of the Constitution and when he is not qualified to be elected or chosen as a Member of Majlise-Shoora (Parliament) he cannot be chosen or elected to hold an elected office of a Local Government. As noted above, any disqualification within the contemplation of Article 62 and or 63 of the Constitution is neither attracted by implication nor by reference within the fold of Section 27 of the Act, 2013, such disqualifying provisions cannot be dragged and be read as a part of Section 27 of the Act, 2013.
14. Disqualification on account of dual nationality within the contemplation of clause (a) of sub- section (2) of Section 27 of the Act, I" 2013 would only apply as long as any person continues to hold citizenship and or nationality of any other foreign State, the moment he renounces such dual nationality and is a citizen of Pakistan he is qualified to contest election. Disqualification provided under "any law" including "The Constitution" by implication cannot be invoked and or read into provisions of the Act, 2013. It is not the function of the Court to read into any provision and or words that are not part of the statute, unless imported or made applicable specifically as has been done under the Sindh Local Government Act, 2013, wherein Section 36 (j) clearly imports disqualification "under any law" it reads "he is for the time being disqualified or chosen as a member of the Provincial Assembly under any law for the time being in force. " It is, neither the duty nor the function of the Court to read into or delete any word and or provisions in an enactment, unless specifically adopted or imported by reference. Courts do not legislate but interpret statute according to their ordinary and plain meaning and do not import and or supply word or provisions from "any other law", no matter how laudable and desirable it may appear to be. In this view of the matter, disqualification prescribed under "any law" or even in "The Constitution" unless as noted above are specifically made applicable or adopted by reference, specially penal and or castigator provisions contained in "any law" cannot be imported, read into or inflicted on a person who put forth his candidature to be elected as a Member or to hold an elected office of Punjab Local Government but his qualification and or disqualification for any office of the Punjab Local Government is to be adjudged strictly under the provisions of "the Act, 2013" only.
15. In view of the foregoing discussion, the impugned judgment cannot be sustained and is accordingly set aside.
16. Above are the reasons for our short order of even date, which reads as under:-- "For the reasons to follow, petition is converted into appeal and is allowed. Impugned judgment dated 21.10.2015 passed in W.P. 15261/2015 by the learned Lahore High Court, Multan Bench, rejecting nomination papers of petitioner for Election of U.C. 58 Chichawatni, District Sahiwal is set aside, and order dated 10.10.2015 passed by the Appellate Authority, Local Government Election, Chitchatting, maintaining order dated 30.09.2015 of the Returning Officer, accepting nomination papers of the petitioner is restored."