' The present writ petition calls in question the order dated 6-6-1991, passed by respondent No,2 herein, whereby the nomination paper filed by respondent No,1 for the post of Chairmanship of the Town Committee, Kalurkot, District Bhakkar was accepted and the objection raised against the same by the petitioner was rejected.
2. The learned counsel contended that as the "House" of the Town Committee in question has passed a resolution against respondent No,1 to the effect that he had misappropriated the funds of the Town Committee, therefore, the said respondent stood "disqualified" from being a candidate for the post of Chairmanship, as stated above. In this respect, referred to clause (f) of section 21 of the Punjab Local Government Ordinance, 1979, wherein it has been stated that any one "disqualified" cannot contest the election in question.
3. However, the learned counsel failed to support his contention, stated above, by any reference to any provision of the law to establish that the mere resolution of the Town Committee is enough to establish that the allegation stands proved and that it would result in disqualification, as asserted.
4. The learned counsel further contended that respondent No,1 was otherwise "disqualified" from contesting the election in question as he was not an "Ameen", as required. In this respect, referred to the provisions of Articles 62 and 63 of the Constitution of the Islamic Republic of Pakistan to further contend that, therefore, the said respondent was not qualified to be a candidate for the post of the Chairmanship of the Town Committee, Kalurkot.
5. But, the said contention also does not help the case of the petitioner, in any manner, for, respondent No,2 is a sitting member of the Town Committee in question and, therefore, if he is qualified to remain a member of the said Town Committee, obviously he is fully qualified to be a candidate for the post of the Chairmanship of the Committee. Furthermore, the learned counsel failed to controvert the observation that disqualification of a sitting member of the Town Committee can only take place if so determined by a forum of competent jurisdiction, in accordance with law.
6. In view of what has been stated above, the present writ petition, being devoid of merit, is hereby dismissed in limine.