' ABDUL SHAKURUL SALAM, J.-Petitioner was elected as a Member from Ward No, 8 village Nagarian of Union Council Dilawarpur, Tehsil Kharian, District Gujrat. Respondent No, 2 filed an election petition on the ground that the petitioner was a salaried official and was disqualified to be elected.
Learned counsel appearing for the petitioner conceded to the ground that the election as a whole may be declared void. The election Tribunal accepted the petition accordingly vide order, dated 1st March, 1984. The petitioner has filed this Constitutional petition.
2. Learned counsel for the petitioner has contended that the statement of the petitioner's learned counsel made before the Election Tribunal was in the context that the respondent No, 2 had produced a copy of a letter which apparently showed that the petitioner was a salaried official in the Armed Forces. But the certificate was not correct. He has annexed a certificate, dated 13th March, 1984 with the petition as Annexure 'D' to the effect that the petitioner "was declared deserter on 12th May, 1979 vide 54 Baluch BO II No, 115/79. He was struck off from unit strength w. e. f. The same date. It is also certified that Muhammad Khan was not getting any pay and allowances from Army w. e. f. 12th May, 1979". The learned counsel, therefore, contends that the petitioner being a deserter and having been struck off from the unit strength and not getting any pay, he was not a salaried official of the Government, therefore, not disqualified.
3. This petition is liable to be dismissed for the reason that the petitioner's counsel had conceded before the Election Tribunal that the petitioner was disqualified and for that reason election may be set aside and fresh polls ordered and if the authority has passed the order accordingly, it hardly lies in the mouth of the petitioner to say that the authority has passed the order without lawful authority. Besides this, the certificate , relied upon by the petitioner shows that the petitioner was a deserter. A deserter does not cease to be in service automatically. He is always liable to be apprehended, brought back, tried and made to serve, if the authority so desires. The contention that the petitioner's name was struck off from the unit strength does not mean that he was dismissed or removed from service. Because of his desertion, the strength of the unit would have been decreased and the unit in order to have another person seconded, may have struck off his name. The mere striking off the name does not by A itself prove that the service of the petitioner had come to an end by removal or by dismissal. He still remains a deserter. The contention that the petitioner was not getting any pay or allowances and, therefore, he cannot be said to be a salaried official, is without force for the simple reason that a person who is a salaried official of the Government, does not cease to be so if he does not or is not paid his salary in time or for some time. If it were so, all the officials of the Government would cease to be salaried officials if they were not to get their salary on the first of the month.
4. In view of what has been stated above, this petition has no merit or force and is, accordingly, dismissed in limine.