' The short point on which this writ petition succeeds is that the impugned order passed by invoking the provisions of section 29 of the Local Government Ordinance, 1979 for the removal of the petitioner from the elected office of the Member and Chairman of a Local Council on the basis of pre-election conduct on his part is per se out side the purview of above referred provision.
2. We have heard the learned counsel. After examining the scheme A and provisions of section 29 of the Local Government Ordinance, 1979 with the assistance of the learned counsel for the parties, we are of the opinion that any misconduct or any irregularity on the part of a elected Member prior to election cannot be made into a ground for his removal under the said provision of law. The Secretary to the Government of the Punjab placed reliance on the report of Assistant Director, Local Government which held the petitioner guilty of misconduct prior to his being elected as a member of the local council. This was blessed by the Secretary without adverting to his powers under section 29 of the Ordinance. The other ground that the petitioner was not a peasant was also not available for action in terms of proceedings under section 29 of the Punjab Local Government Ordinance, 1979.
3. We are clearly of the view that statutory functionary has misdirected himself in law and misapplied the same which constitutes a patent illegality on the face of the record and proceedings.
4. Learned counsel for the respondent has further drawn our attention during the course of arguments to the fact that an alternative remedy was available by way of appeal against the impugned order but the petitioner did not invoke the same and thus he could be non-suited.
Learned counsel cannot be unaware of the fact that this petition has been pending for considerable period but neither written statement was filed nor at any earlier point of time he raised this objection. In such like cases, we do not think that such an objection B ought to be sustained belatedly at the time of disposal of the petition.
5. Respondent No.3 being an unnecessary party to these proceedings is struck off from the array of respondents.
6. The writ petition is accepted and the impugned order and proceedings are declared to be without lawful authority and of no legal effect. There shall however be no order as to costs.