| Case ID |
2055f926-9f4a-4190-8e6a-a33f78915ceb |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 5660 of 1980 |
| Decision Date |
Jul 09, 1980 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the petition challenging the election of respondent No. 1 as a member of the Town Committee, Chak Jhumra, due to the respondent's status as a depot-holder, which disqualified him under the relevant laws. The court emphasized that the validity of the notification declaring the respondent elected could be questioned and that any resident of the local area had the locus standi to approach the court in quo warranto proceedings. The court rejected arguments regarding alternate remedies and laches, affirming the jurisdiction to rule on the matter. Consequently, the election of the respondent was declared invalid, necessitating a fresh election. |
| Summary |
This case revolves around a writ petition filed in the Lahore High Court challenging the election of a respondent who was a depot-holder, thus disqualified from being a member of the Town Committee under the Punjab Local Government Ordinance. The petitioner, a voter in the relevant ward, claimed the election was invalid due to the respondent's disqualification. The court's decision reinforced the principle that notifications of election do not negate the court's ability to assess their validity. The ruling highlighted the importance of local residents' right to challenge such elections and clarified the implications of disqualifications under the law. The outcome mandates a fresh election, ensuring adherence to legal standards for public office holders. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER RAZA A. KHAN, J
|
| Lawyers |
Malik Muhammad Rashid Awan,
A.W. Butt
|
| Petitioners |
ATHAR REHMAN
|
| Respondents |
MUHAMMAD LATIF TAHIR ETC
|
| Citations |
1981 SLD 1440,
1981 PLD 48
|
| Other Citations |
1980 C L C 839,
P L D 1980 Lah. 718,
1980 C L C 1,
P L D 1980 S C 173,
P L D 1962 Lah. 230,
1981 S C M R 74,
1980 S C M R 156,
P L D 1980 Lah. 311
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979),
Constitution of Pakistan (1973),
President's Post Proclamation Order (5 of 1977)
|
| Sections |
21,
21(f),
199,
10(2)(b)(viii)
|