' QURBAN SADIQ IKRAM,. J.-This constitutional petition calls in question the order, dated 19th February, 1984 passed by Election Tribunal, Pakpattan, District Sabiwal in an election petition filed by Muhammad Siddique respondent No, 2 against Hafiz Nazir Ahmad, the petitioner herein.
2. The facts of the case are that election for peasant seat for Chak No, 207/E,B., Union Council No, 115, Headquarter Chak No, 163/E. B. Tebsil Pakpattan, District Sahiwal, were to be held. The candidates were directed to file nomination papers by 20th October, 1983. They were scrutinised on 22nd October, 1983 whereafter the present petitioner Hafiz Nazir Ahmad, Muhammad Siddique respondent No, 2 and one Amanat All were declared eligible candidates. Elections were held on 29th October, 1983 as per schedule and Hafiz Nazir Ahmad petitioner was notified to be the successful candidate. Muhammad Siddique respondent No, 2 filed election petition before the Election Tribunal respondent No, 1.
' It was pleaded that Hafiz Nazir Ahmad, the successful candidate was not qualified to contest election from the peasant seat. It was contended therein that he owned more than 5 acres of land during the period of five years preceding the year in which election was held and as such, was not competent to contest the election for the peasant seat. The Election Tribunal vide impugned judgment, dated 19th February, 1984 accepted the election petition by finding that Hafiz Nazir Ahmad owned more than 5 acres of land during the five years period and as such, was not eligible to contest election for the peasant seat.
3. The fact admitted by both the parties are that Rehmat Ali had made a gift of 32 Kanals 5 Marlas of land vide Mutation No, 369, dated 26th February, 1983 in favour of his son Hafiz Nazir Ahmed petitioner who already owned 31 Kanals 5 Marlas of land in the village. Thus, after the gift by his father, the present petitioner became owner of 63 Kanals 10 Marlas of land in the village in February, 1983. When the electorates were called to elect a member for the peasant seat, Hafiz Nazir Ahmad petitioner vide Mutation No, 383, dated 18th October, 1983 gifted the same land measuring 32 Kanals 5 Marlas to his wife Mst. Salamat Bibi. It was, therefore, argued by the learned counsel for the petitioner that at the time of filing of the nomination papers, Hafiz Nazir Ahmad owned only 31 Kanals 5 Marlas i,e, below 5 acres of land and was, therefore, eligible to contest election from the peasant seat. The learned counsel for the respondent has controverted this argument of the learned counsel for the petitioner.
4. As stated above the admitted fact is that in February, 1983, Rehmat Ali had made a gift of 32 Kanals 5 Marlas of land to his son Hafiz Nazir Ahmed petitioner. In this way, Hafiz Nazir Ahmad became owner of 63 Kanals 10 Marlas of land. It is also admitted by the parties that he further gifted the same land to his wife Mst. Salamat Bibi on 18th October, 1983 by which his holding was reduced to 31 Kanals 5 Marlas. The question which requires determination is whether Hafiz Nazir Ahmad in view of these facts was eligible candidate for the peasant seat or not. The word "peasant" has been defined in clause (xxvii) of subsection (1) of section 3 in the Local Government Ordinance, 1979 as amended by Ordinance No, XV of 1983 which is reproduced below : "(xxvii) 'peasant' means a person who is a landless tenant or who during the period of five years preceding the year in which the election is held, has been the owner of not more than five Acres of land and engages himself personally in cultivation for his maintenance."
' In order to properly appreciate and find true meaning of the definition of "peasant" the earlier definition of peasant as contained in Ordinance No, VI of 1979 is reproduced below : "(xxvii) 'peasant' means a person who is owner of not more than five acres of agricultural land and engages himself personally in the cultivation of land." ' perusa1 of the original definition would indicate that the "peasant" was person who did not own more than 5 acres of land and engaged him-elf personally in the cultivation of land. In this definition, there is no met of time during which the peasant was required to hold ownership of five years and even if before filing of the nomination papers, the indicate for election from the peasant seat is able to reduce his holding to below 5 acres, then also, he will not be held eligible if he had held more than 5 acres of agricultural land during the five years preceding the year in which election is held. The 'words "has been" are used in past tense. In view of the admitted factual position, we find that the petitioner Hafiz Nazir Ahmad was owner of more than 5 acres of agricultural land from 26th February, 1983 to 18th October, 1983 meaning thereby that he had been the owner of more than 5 acres of land during the period of five years preceding the year in which the election was held. He was clearly, therefore, not a peasant within the definition of "peasant" given in clause (xxvii) subsection (1) of section 3 in the Punjab Local Government Ordinance, 1979.
The Election Tribunal rightly held the election of petitioner Hafiz Nazir Ahmad as void and illegal for want of qualification and his eligibility for the seat of a peasant.
5. In view of the above, this petition has no merits which is accordingly dismissed with no order as to costs.