| Case ID |
0a623398-4f30-4c80-b09e-afff5b8efa50 |
| Body |
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| Case Number |
Civil Petition No. 445 of 1984 |
| Decision Date |
May 19, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal against the Lahore High Court's decision, which disqualified him from contesting elections due to his status as a retired Head Constable. The court upheld the interpretation of section 21(1)(e) of the Punjab Local Government Ordinance, asserting that the petitioner was indeed a 'salaried official' and therefore subject to the two-year disqualification period. The court clarified that the language of the law was clear and unambiguous, and any attempt to broaden its application would undermine legislative intent. The decision reinforced the principle of maintaining uniformity in electoral laws and emphasized the prohibition against pensioners engaging in political activities within the stipulated period following retirement. |
| Summary |
In the case of Civil Petition No. 445 of 1984, the Supreme Court of Pakistan addressed the legal implications surrounding the candidacy of a retired Head Constable, Inayat Ulla H, in local government elections. The court examined the provisions of the Punjab Local Government Ordinance, specifically section 21(1)(e), which states that a 'salaried official' is disqualified from contesting elections if they have not completed two years since retirement. The petitioner contended that he should not be categorized as a 'salaried official' and that he was eligible to contest the elections due to the provisions of clause (f) of the same section. However, the court upheld the lower court's ruling, emphasizing the necessity of adhering to the two-year disqualification period applicable to retired officials. This case highlights the importance of clear legislative language and the need for uniformity in electoral regulations, particularly concerning the participation of retired government officials in the political sphere. The court's decision serves as a critical reference for future cases involving electoral disqualifications and the interpretation of the relevant laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
M. S. H. QURAISHI, JJ
|
| Lawyers |
C. A. Rehman, Advocate, Supreme Court,
Ch. Ghulam Mujtaba, Advocate-on-Record (absent),
A. K. Dogar, Advocate Supreme Court,
K. E. Bhalti, Advocate-on-Record No. 1,
Khalid Iqbal Qazi, Advocate for Advocate-General (Punjab)
|
| Petitioners |
INAYAT ULLA H
|
| Respondents |
others,
Mian GHULAM AHMAD
|
| Citations |
1984 SLD 254,
1984 PLD 369
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979),
Houses of Parliament and Provincial Assemblies (Elections) Order (P.O. 5 of 1977),
Representation of the People Act (LXXXV of 1976),
Civil Service Regulations
|
| Sections |
21(1)(e),
21(1)(f),
10(2)(b)(4),
99(1)(d),
Article 351(2)
|