1. ' MUHAMMAD HALEEM, C. J.-The petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore, dated 25th of March, 1984, by which Writ Petition No, 1180 of 1984 was dismissed.
2. The petitioner filed his nomination papers on 6-9-1983 for contesting election from Ward No, 6 for the membership of Town Committee, Gakhar Mandi, Gujranwala. His nomination papers were scrutinized on 8th of September, 1983, and were accepted. He thereafter contested election and was declared as a successful candidate on 2nd of October, 1983, defeating respondent No, 1, who filed an election petition seeking to set aside his election on the ground that being a retired Head Constable, he could not contest elections before the expiry of two years. He succeeded as the Election Tribunal held by order dated 21st March, 1984, that he stood disqualified under section 21(1)
(e) of the Punjab Local Government Ordinance, 1979.
3. Being aggrieved, the petitioner challenged this order through the aforesaid writ petition and contended that his case was covered by clause (f) of subsection (I) of section 21 as by reason of the 2nd proviso no time limit was prescribed before seeking election. The High Court repelled this contention holding that the amended clause (e) of subsection (1) of section 21 applied to his case, and, therefore, it was not necessary to examine whether clause (f ) was applicable or not. The High Court rejected his next submission that being a Head Constable, he was not a "salaried official" of the Federal or the Provincial Government as those words meant 'the holder of an office", which he was not as in the opinion of the High Court he was a "salaried official while in service" and that being so the bar of two years in clause (e) applied to his case. Lastly, as.- the High Court earlier held that his case fell within the purview of clause (e) it did not consider it necessary to examine his case as to whether it could fall under the 2nd proviso to clause ( f ) if the two clauses were read together.
4. ' During the hearing of the petition on 19-5-1984, we felt that notices should issue to the respondents and the Advocate-General as there was a conflict of decision in regard to the interpretation of law. They appeared in pursuance to the notice and we have beard them.
5. It would of relevant to mention that in clause (e) after the words "local authority", the words, "and in case such an official has retired, a period o two years has not elapsed since his retirement", were added by Ordinan No, XV of 1983 promulgated on 16th of August, 1983, about 20 days before the filing of the nomination papers. This was not without a purpose as such bar existed in section 10(2)
(b) (4) of the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977, and section 99, subsection (1) (d) of the Representation of the People Act, 1976, for achieving uniformity in then.
6. Electoral laws, and for giving effect to the bar in clause (2) of Article 351 of the Civil Service Regulations which prohibits a pensioner from taking part in any election or engagement in political activity of any kind within a period of two years from the date of retirement. This provision is reproduced in the Esta-Code at Page 459 under the heading "Taking part in politics by pensioners" pursuant to the Establishment Secretary's D.
0. Letter No, 5/3/73-D. IV dated 31st of July, 1973. The relevant clause is reproduced hereby under.
7. "(2) Except with the previous sanction of the Central Government, no pensioner shall, within a period of two years from the date of his retirement, take part in any election or engage in political activity of any kind."
8. There is an automatic change of status of a "salaried official" to that of a pensioner when he attains the age of superannuation and it is in this context that there is a reference to the bar in regard to a "salaried official" in the relevant provisions of election laws.
9. ' Before I advert to the contentions, it would be necessary to refer to the relevant provisions :- "Section 21(1) (e) : "if he is a salaried official of Federal or Provincial Government or of a Public or Statutory Corporation, a local council or other local authority and in case such an official has retired, a period of two years has not elapsed since his retirement."
10. Section 21(1)( f ) : "if he for the time being is disqualified for membership of the Parliament or a Provincial Assembly under any law for the time being in force."
11. Section 10(2) (b) (4) of the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 : "(4) He has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he cease to be in such service."
12. The learned counsel for the petitioner urged that a Head Constable does not fulfil the qualification of a "salaried official" as occurring in clause (e as he was not an officer, but we do not see any substance in it. Here the adjective "salaried" is employed as an attribute of the noun "official" as against the adjective "honorary", and the word "official" has been used in a C broad sense to mean an officer or an incumbent of an office. See 67 C J S Art. 2, p.
102. Again at page 1362 of the Oxford English Dictionary, Vol II, "official" is defined : "as performing some office or service." This meaning is also in the broad sense, which appears to us to be its purport. #TBS 1984. #TBE Again the expression "Police Officer" as used in section 29 of the Police Act, 1861 has been construed to mean all the members of the police force in any capacity they may be employed including constables. See Akbar Ali v. Emperor Empress v. Janoki Nath and Queen Empress v. Salig Ram .1 2 3 ' Accordingly, a Head Constable would also be covered by the meaning of the word "official" although he is not the holder of any post, and he will be hit by the bar of two years in clause (e).
13. ' As to his next submission that his case is covered by the proviso to clause (f) as his retirement would be covered by the words "has been retired", in which case there is no bar for contesting elections, is also without substance. Clause (f) has legislative incorporation of disqualifications in other laws such as section 10(2) (b) (4) of the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977. The plain reading of sub-clause (4) of section 10(2) (b) evidently shows that the bar of two years is applicable to a case of cessation from service irrespective of the manner in which it takes place. The 2nd proviso to clause (f) is intended to except from this provision the case of a person who has either resigned or has been retired or removed otherwise than by way of punishment. Now clause (e) has taken care of a "salaried official" who ceases to be in service on his superannuation while the proviso to clause ( f ) enumerates three other forms of cessation such as where the official has resigned or has been retired or removed ; and whereas superannuation is automatic and takes effect on the completion of the full length of service whit the other forms refer to cessation in three different ways such as by volition of the individual or by some agency competent to effect cessation from service of a person holding the office either by retiring or removal and in each such case there is a shortening of the length of service. Accordingly, it is not possible to hold that the words "has been retired" would also cover the case of a person who retires on attaining the age of superannuation. It is a principle of construction that where the words in a statute are clear and unambiguous they should contrued according to their tenor and meaning for that gives the intent and purpose of the legislation. Any attempt to bring within it a case not covered by straining the language would amount to defeating the object of a legislation. It is only where the meaning is incomplete or is ambiguous that it is permissible to construe it in a way to remove absurdity so as to give effect to the purpose of a legislation. Accordingly, there is no occasion to modify the language of the 2nd proviso to bring within it the concept of retirement on attaining the age of superannuation.
14. ' There is, therefore, no force in this petition, which is dismissed. AIR 1929 Lah. 325 (1881) 6 Cal. 625 (1884) 6 All. 495