1. ' Facts giving rise to the present Constitutional petition are that the petitioner has been elected as Member, Town Committee, Zahirpir from Ward No,6 against general seats and he has been duly notified and has taken oath. He also intends to contest election for the Chairmanship of the said Town Committee. Admitted facts are that there was no non-Muslim voter in the Voters List of the Town Committee Zahirpir on 17-6-1998 when throughout Punjab, the election schedule to elect member to non-Muslim seat in the Urban Local Council was notified by the Election Authority.
2. According to the law, there is one seat in each of the Urban Local Council where there are minority communities/non Muslim voters. Subsequent to the announcement of the Election Schedule of non-Muslim Seat, respondents Nos.4 to 11 who all belong to minority community got their names entered in the voters list of Town Committee Zahirpir on 19-6-1998. On the basis of the inclusion of their names in the voters list of Town Committee, Zahirpir, one of the respondents namely Dharmoon Ram/respondent No,4, submitted his nomination papers to contest the election against minority seat of Town Committee Zahirpir. As there was no other nomination filed, hence, after the scrutiny, he was declared as elected unopposed and accordingly, he was notified as a member of the Town Committee, Zahirpir, against non-Muslim seat. After his notification as elected Member of Town Committee, Zahirpir against minority community seat, he has taken oath and assumed public office as Member Town Committee, Zahirpir.
3. ' Under Rule 49 of the Punjab Local Council Election Rules, 1979, the election schedule for special seats has been announced. The polling of the said seats is scheduled for 15th of October, 1998.
4. Under the Election Rules, all the elected members of the Local Council, including elected member against non-Muslim seat are to elect members to represent special interest seats. Thus, petitioner as well as respondent No,4 are now the voters/electoral college for the candidates against special interest seats.
5. ' This Constitutional petition has been filed under Article 199(1)(b)(ii) of the Constitution of Islamic Republic of Pakistan, 1973 seeking issuance of writ of quo warranto against respondent No,4 which purports to hold public office as elected member of Town Committee, Zahirpir against non-Muslim seat. The petitioner has challenged the holding of the office by respondent No,4 on the sole ground that he was not a valid voter of Electoral Unit/Town Committee, Zahirpir on 17-6-1998 when the constituency had been called upon to elect one of its member against non-Muslim seat, hence under proviso of section 18 of the Punjab Local Government Ordinance, 1979, respondent No,4 was not a voter for election against non-Muslim seat on the day when schedule for such election was announced. Therefore, his candidature and thereafter, his notification of holding public office as member of Town Committee. Zahirpir against non-Muslim seat is without lawful basis. In this respect, the learned counsel for the petitioner has relied upon 2nd proviso to section 18 of the Punjab Local Government Ordinance, 1979 which reads as follows:--- "18. Electoral Rolls.---The electoral rolls prepared for the election of members of provincial assembly as amended from time to time adjusted and arranged for a local council, shall be the electoral rolls for election to the local councils: ' Provided that.............
6. ' Provided further that the corrections, if any, made in respect of any electoral roll at any time after the voters of the electoral unit have been called upon to elect its members shall not be taken into consideration till such member has been elected."
7. ' To substantiate his contention, the learned counsel for the petitioner has relied upon Rashid Ahmad Rahmani v. Mirza Barkat Ali (PLD 1968 SC 301).
8. ' In this case, report and parawise comments were called for from respondent No,2 the Registration Officer, who has also confirmed that respondents 4 to 11 had applied for transfer of their votes from Union Council Jetha Bhutta Unit No, 2/1 to Ward No,8/3 Town Committee Zahirpir on 11-6-1998.
9. However, after factual verification, the order allowing the transfer of the vote and registration of votes of respondents Nos.4 to 11 in Ward No,8/3, Town Committee, Zahirpir was passed under section 18 of the Electoral Roll Act, 1974, on 19th of June, 1998. Hence there is no controversy to the effect that respondent No,4 was not a registered voter of Town Committee, Zahirpir, on 17th of June, 1998 when the constituency was called upon to elect one of its members against non-Muslim Seat.
10. ' The learned counsel for the respondents has contested the Constitutional petition mainly on the following grounds:--
(1) That the writ petitioner is not an aggrieved person as he is neither a non-Muslim voter in the electoral unit of Town Committee, Zahipir, nor he was a candidate against respondent No,4, hence, he has got no locus standi. The learned counsel secondly argued that the petitioner has got alternate, adequate remedy to challenge the order, dated 19-6-1998 passed by the Registration Officer to the Election Commission against inclusion of the name of respondent No,4 in the voters list. Third ground against this Constitutional petition has been argued that the election of the petitioner as member Town Committee, Zahirpir, cannot be called in question except by election petition. In this respect, the learned counsel has referred to section 24 of the Punjab Local Government Ordinance, 1979 and also relied on an unreported judgment of Hon'ble Supreme Court of Pakistan in C.P. Nc.793 of 1998, decided on 25th of June, 1998, and reported judgments i,e, Muhammad Anis v. Abdul Haseeb (PLD 1994 SC 539), Ch. Muhammad Hussain v. Election Tribunal (1982 SCM R 307) and M. Suleman v. S. Zahid Hussain Qadri (1980 CLC 783).
11. I have heard the arguments of the learned counsel for both the parties. In a Constitutional petition under Article 199(1)(b)(ii) of the Constitution, seeking issuance of writ of gm) warranto, the restriction that the person applying for such relief should be an aggrieved person does not apply to the applicant for a writ of quo warranto. In this respect, reference may be made to the judgment reported as M.U.A. Khan v. M. Sultan (PLD 1974 SC 228) and Kamal Hussain v. Muhammad Siraj-ul- Islam (PLD 1969 SC 42). Hence the petitioner has a legal right to invoke the jurisdictions of this Court under Article 199(1)(b)(ii) of the Constitution of Pakistan.
12. As regards the second objection that the petitioner has got alternate remedy to approach to the Election Commission against the inclusion of tilt_ name of respondent No,4 in voters list of Town Committee, Zahir Pir under order of respondent No, 3, dated 19-6-1998, it has been argued by the petitioner's side that he has no objection to the inclusion of the names of respondents Nos.4 to 11 in the voters list while he has filed writ of quo warranto against usurpation of public officer by respondent No,4. Under section 18 of the Punjab Local Government Ordinance, 1979, the respondents 4 to 11 would be valid voters but such entry is not to be taken into consideration till such member has been elected from whose election, the constituency has been called upon on 17- 6-1998 to elect its member against non-Muslim seat.
13. 3rd objection of the respondent regarding maintainability of Constitutional petition is also without any force. Under section 24 of the Punjab Local Government Ordinance, 1979, only candidate to the election can challenge the election through election petition and none-else. Admittedly, the petitioner was not a candidate against the non-Muslim seat, hence, he cannot file election petition against respondent No,4. The case-law referred to by the learned counsel is also distinguishable.
14. Even otherwise, the Punjab Local Government Ordinance, 1979, being subordinate legislation, cannot oust the extraordinary jurisdiction of this Court available under Article 199(1)(b)(ii) of the Constitution.
15. Admittedly, the respondent No,4 was not a voter in the Election Unit of Town Committee, Zahirpir, on 17-6-1998 when the constituency was called upon by the Election Authority to elect one of its members for non-Muslim seat, therefore, election of the respondent No,4 against the said seat is void. Hence this Constitutional petition is allowed. Resultantly, writ is issued declaring that the respondent No,4 has no lawful authority to hold the public office of elected member of Town Committee Zahirpir against non-Muslim seat and further his election to the said office is declared as void.
16. ' However, there will be no order as to costs.