1. ATIR MAHMOOD, J.---Brief facts of the case are that the appellants and respondents Nos.1 to 6 participated in the election of Chairman/Vice-Chairman of Union Council No.36 Veeram Tehsil and District Kasur (hereinafter called "the U.C.") wherein the appellants were declared returned candidates. Respondents Nos.I and 2 challenged the said election by filing election petition raising different allegations. The appellants contested the same by filing written reply. Issues were framed.
2. After recording evidence of the parties, learned Election Tribunal allowed the election petition vide order dated 16.03.2017. Hence this election appeal has been filed by the returned candidates Sardar Liaquat Ali Dogar and another.
3. 2.Arguments heard. Record perused.
4. 3.After lengthy arguments, the parties have confined themselves to one point as to whether the vote of appellant No.1 was lawfully transferred to the U.C.'s constituency or not. No other issue has been pressed by either side.
5. 4.According to the Election petitioners/respondents, appellant No.1 got transferred his vote to the U.C.'s constituency fraudulently with false and fictitious documents. In this regard, they have referred to application form for transfer of vote submitted by appellant No.1 and a rent deed.
6. 5.I have carefully gone through the application form for transfer of vote which is exhibited as Exh.P2. The same does not carry any cutting or overwriting so far as the contents regarding appellant No.1 are mentioned therein, therefore, it does not appear from the face of it to be doubtful in any manner. The same is duly accepted by the concerned authority whose signature and date on the form can easily be seen with the word "Accepted". At this point, learned counsel for the respondents point out that the word "accepted" is not written at the relevant place/column. In my view, it is a routine matter in our offices that the approval or otherwise are done other than at the specific place or at corner or bottom of the applications or other documents. Though this is not appreciable but it is commonly done in our offices without any objection. Perhaps this happens to avoid nuisance to search the relevant column or place. Since the signatures of concerned authority are not disputed and in pursuance of the same, the vote of appellant No.1 was transferred and included in the voter list pertaining to constituency of the U.C. prior to election schedule, I see no illegality with acceptance of the application of appellant No.1 and transfer of vote to the constituency of the U.C.
7. 6.So far as the rent deed is concerned, the same is present on record as Exh.P3. This shows that a house was given on rent to appellant No.1 by one Muhammad Aslam son of Muhammad Umar, owner of the house. Said Muhammad Aslam appeared before the court as RW.2 and stated that be rented out the house to appellant No. 1 . He was cross-examined at length by election petitioners but his evidence could not be shattered to the extent of tenancy of appellant No.1 in the house of Muhammad Aslam.
8. 7.The transfer of vote is a matter which is to be looked into prior to announcement of election schedule. According to statement made by respondent No.1 namely Sardar Ahmed Din (one of the election petitioners) himself while appearing as PW.2, he was in knowledge when the application for transfer of vote was moved by appellant No.1 and that he also moved application against the said application but neither this application nor any other relevant record in this regard has been brought on record by the election petitioners-respondents. After acceptation of application for transfer of vote, the name of appellant No.1 was included in the voter list of the constituency of the U.C. Thereafter, appellant No.1 filed nomination papers but no objection to this aspect was raised by the respondents though the election petitioners, as noted above, were in knowledge of transfer of vote of appellant No.l. But they waited for taking place the elections and when the appellants were declared returned candidates, they took this objection. In my view, after election of the appellants as Chairman and Vice-Chairman, the election tribunal could not look into the aspect of transfer of vote which was the matter to be dealt with before the announcement of election schedule and not thereafter.
8. In addition, the criteria for qualification of a candidate to contest the election and disqualification of an elected member are different. The only section which deals with qualification and disqualification of returned candidates is Section 27 of the Punjab Local Government Act, 2013 Act which is reproduced below: "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; and (j)has been convicted for an offence involving activities prejudicial to the ideology, interest, security, unity, solidarity, 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 subsection (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 subsections (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."
9. (Underline is mine)
10. I have carefully gone through the above provisions of law. There is not a ground for disqualification of a returned candidate who before the announcement of election schedule gets transfer of his vote to a particular constituency, then contests elections therefrom and is declared as elected member. In this view of the matter, I am of the considered opinion that learned election tribunal has incorrectly and illegally disqualified appellant No.1 from being Chairman of the U.C. The judgment passed by learned Election Tribunal is against the law, therefore, it cannot sustain.
9. For what has been discussed above, this election appeal is allowed, the impugned judgment passed by learned election tribunal is set aside and the election petition filed by the respondents is dismissed.