' FALAK SHER, J.---The petitioner and respondent No,3 were elected as membeRs, of the Union Council, Sahang, Tehsil Gujjar Khan, District Rawalpindi. Both of them are candidates for the election to the office of Chairman of the said Union Council which is scheduled to be held on 24- 21992. The petitioner has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, praying therein that respondents Nos.1 and 2 be restrained from holding the election on the scheduled date for the reason that formation of Union Council is not complete.
It is explained that' one Noor Hussain had contested election to a seat in the said Union Council as also for the membeRs,hip of Zila Council, Rawalpindi, and in both these elections, he was declared successful but has opted to remain member of Zila Council, with the result that his seat stands vacated. According to the petitioner, the elections to the offices of chairmanship and vice chairmanship can only be held after the election to the vacant seat.
2. We have heard the learned counsel for the petitioner. He has reiterated the same argument and has also contended that as Noor Hussain had not taken oath, the Union Council was not complete.
3. It is not denied by the learned counsel that after elections, the names of all successful candidates including Noor Hussain Shah were duly notified in the official Gazette as membeRs, of the Union Council. According to rule 58 of the Punjab Local Councils (Election) Rules, 1979, as soon as after the issuance of the Notification of the names of the membeRs, of Local Councils including those belonging to minority communities and special interests, the Election Authority has to fix a date calling upon the membeRs, of the Union Council to select their chairman and vice-chairman.
This requirement of the rule stood fully met with by issuance of the notification of election of all the membeRs, including Noor Hussain. There is, therefore, no impediment for holding elections for the offices of the chairman and vice-chairman. Irrespective of the fact whether .membeRs, had taken oath of not, the Union Council stood' constituted as soon as names of the membeRs, of the Local Council were notified in terms of Rule 41 (2) of the Punjab Local Councils (Election) Rules, 1979, by the Deputy Commissioner concerned.
There is no merit in this petition which is dismissed in limine.