JUDGMENTIRSHAD HASAN KHAN J.-This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan calls in question the order dated 21.12.1989, passed by the Chairman, Tehsil Zakat & Ushr Committee, Hafizabad, District Gujranwala respondent No. 2 herein, wherein in pursuance of order dated 26.11.1989 passed by the Chairman, District Zakat & Ushr Committee, respondent No. 3 was appointed Chairman of the Local Zakat & Ushr Committee, Thatta Jahad Ameer, Tehsil Hafizabad, in place of the petitioner and the latter was asked to deliver the record to Falak Sher respondent No. 3, the newly selected Chairman.
2. The facts of this case are that Falak Sher respondent No. 3 herein was elected as Chairman of the Local Zakat & Ushr Committee. One Muhammad Yusuf son of Imam Din filed appeal on 25.4.1989 against his election before the Chairman, District Zakat & Ushr Committee. During the course of hearing of appeal, Abdul Razzaq petitioner herein also joined the proceedings before the appellate authority on 18.4.1989 In consequence, the petitioner was selected as Chairman of the Local Zakat and Ushr Committee at the recommendation of the pannel of appeal. Thereafter the petitioner started functioning as Chairman of the said Committee. Subsequently, by order dated 26.11.1989 passed by the Chairman, District Zakat & Ushr Committee, Gujranawala, the petitioner was removed from the office of the Chairman on the ground that he is an aged illiterate person and respondent No. 3 was better qualified and was a resident of the area. It was also observed that his removal as Chairman on the ground that he was a resident of the area was based on erroneous assumption of facts.
3. It is not necessary to go into respective contentions of the parties. Suffice it to say that the impugned orders were passed behind back of the petitioner and without affording him an opportunity of being heard. On this short ground alone, the impugned orders are declared as without lawful authority and of no legal effect. The result is that the Chairman, District Zakat '& Ushr Committee, Gujranwala, shall decide the matter afresh after hearing the parties and in accodance with law. The parties are directed to appear before the Chairman, District Zakat & Ushr Committee, Gujranwala, on 16.2.1991 for further proceedings. Respondent No. 1 shall dispose of the matter as expeditiously as possible, but not later than three months. This is with consent of learned counsel for the parties. To this extent the writ petition is accepted with no order as to costs.