| Case ID |
26a0fba2-c891-4ea2-85cc-5e6c5d045dee |
| Body |
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| Case Number |
Writ Petition No. 31621 of 2015 |
| Decision Date |
Oct 21, 2015 |
| Hearing Date |
Oct 21, 2015 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, GHULAM MUSTAFA, by rejecting the nomination papers of the respondent, A.S.J. CHUNIAN, under the Punjab Local Government Act, 2013. The court held that the Nikkah Registrar, appointed under the Muslim Family Laws Ordinance, 1961, qualifies as a public servant as defined by Section 21 of the Pakistan Penal Code, 1860. Consequently, the respondent was disqualified from contesting the local bodies election for the position of Chairman Union Council No.42 Rukanpura, Chunian, District Kasur. The court set aside the impugned orders from the lower forums dated September 17 and September 30, 2015, and upheld the rejection of the nomination papers, thereby allowing the petition. No costs were imposed. |
| Summary |
In the landmark case of Writ Petition No. 31621 of 2015, heard by the Lahore High Court on October 21, 2015, the petitioner, GHULAM MUSTAFA, successfully challenged the eligibility of A.S.J. CHUNIAN to contest in the local bodies election for the Chairman Union Council No.42 Rukanpura, Chunian, District Kasur. The core issue revolved around whether a Nikkah Registrar, appointed under the Muslim Family Laws Ordinance, 1961, qualifies as a public servant under Section 21 of the Pakistan Penal Code, 1860. The court meticulously analyzed the Punjab Local Government Act, 2013, specifically Section 27(2)(e), which disqualifies public servants from contesting elections. Citing precedents such as Muhammad Arif v. Muhammad Kashwar Ali and Mst. Zubaida Bibi v. Mst. Majidan, the bench affirmed that the duties of a Nikkah Registrar, which include the registration of marriages and maintenance of relevant records, inherently constitute public service. This designation barred the respondent from participating in the election, ensuring the integrity of local governmental processes. The judgment underscores the critical interpretation of statutory provisions in maintaining fair electoral practices and reinforces the accountability of public officials. By setting aside the lower courts' decisions, the Lahore High Court not only upheld the petitioner’s rights but also delineated the boundaries of public service roles within the framework of electoral eligibility. This case serves as a pivotal reference for future litigations concerning the qualifications of public servants in political contests, highlighting the judiciary's role in safeguarding democratic principles and ensuring that elected officials meet the requisite legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Constitution of Pakistan,
Punjab Local Government Act,
Muslim Family Laws Ordinance,
Pakistan Penal Code
|
| Judges |
ALI AKBAR QURESHI, J
|
| Lawyers |
Sardar Waseem Ahmad Mokal,
Muhammad Javed Kasuri,
Rana Muhammad Anwar
|
| Petitioners |
GHULAM MUSTAFA
|
| Respondents |
A.S.J. CHUNIAN and others
|
| Citations |
2016 SLD 558,
2016 PLD 251
|
| Other Citations |
Muhammad Arif v. Muhammad Kashwar Ali PLD 1969 SC 435,
Mst. Zubaida Bibi and others v. Mst. Majidan and another 1994 SCMR 478
|
| Laws Involved |
Punjab Local Government Act, 2013,
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973,
Muslim Family Laws Ordinance, 1961
|
| Sections |
27(2)(e),
21,
199,
5
|