| Case ID |
2cee8a59-eb15-4ca0-b841-94507eec4533 |
| Body |
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| Case Number |
Civil Petitions Nos. 3186 and 3187 of 2015 |
| Decision Date |
Nov 04, 2015 |
| Hearing Date |
Nov 04, 2015 |
| Decision |
The Supreme Court of Pakistan ruled that the petitioners, who were members and chairman of the Local Zakat and Ushr Committee, were not disqualified from contesting local bodies elections under Section 27(2)(e) of the Punjab Local Government Act, 2013. The court determined that the petitioners did not fall within the definition of being 'in the service of a statutory body' as they were engaged in voluntary work without remuneration. The court emphasized that qualifications and disqualifications for candidacy must be strictly interpreted, and the nature of the roles held by the petitioners did not meet the statutory criteria for disqualification. |
| Summary |
In the landmark case of Civil Petitions Nos. 3186 and 3187 of 2015, the Supreme Court of Pakistan addressed critical issues surrounding the eligibility of candidates contesting local body elections under the Punjab Local Government Act, 2013. The court's ruling focused on the interpretation of Section 27(2)(e), which outlines disqualifications for individuals in the service of statutory bodies. The petitioners, who were members and chairman of the Local Zakat and Ushr Committee, contested the rejection of their nomination papers based on claims they were ineligible due to their positions. The court found that these roles were not akin to employment by a statutory body, as the petitioners did not receive any salary or remuneration. This judgment is significant for understanding the legal definitions of public service and disqualification criteria in electoral contexts. It highlights the importance of voluntary contributions in community service roles and their distinction from formal employment. Keywords such as 'local government elections', 'disqualification criteria', 'Punjab Local Government Act', 'Zakat and Ushr Ordinance', and 'public service eligibility' are essential for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Local Zakat and Ushr Committee,
Zakat and Ushr department
|
| Judges |
MIAN SAQIB NISAR,
SH. AZMAT SAEED,
MAQBOOL BAQAR
|
| Lawyers |
Ch. Mushtaq Ahmed Khan,
Syed Rifaqat Hussain Shah,
Ahmad Raza,
Ahmed Nawaz Chaudhry
|
| Petitioners |
GHAZANFAR ALI,
SUFIYAN AKRAM
|
| Respondents |
others,
APPELLATE AUTHORITY/ADDITIONAL DISTRICT JUDGE, SAHIWAL
|
| Citations |
2016 SLD 400,
2016 PLD 151
|
| Other Citations |
Zulikha Bibi v. Election Commission of Pakistan through Secretary and another 2015 YLR 1584,
Muhammad Khan v. Amanullah and 2 others PLD 2014 Bal. 128,
Mirza Muhammad Tufail v. District Returning Officer, and others PLD 2007 SC 16,
Shahid Nabi Malik and another v. Chief Election Commissioner, Islamabad and 7 others PLD 1997 SC 32,
Inayatullah v. C.C.-Cum-Chairman, District Zakat Committee and 2 others PLD 1993 SC 426,
Raja Bahadur K. C. Deo Bhanj v. Raghunath Misra and others AIR 1959 SC 589,
Ch. Liaqat Ali and another v. Election Appellate Authority/District and Sessions Judge, Lahore/District Returning Officer, Lahore and 3 others 2001 YLR 953
|
| Laws Involved |
Punjab Local Government Act, 2013,
Zakat and Ushr Ordinance, 1980
|
| Sections |
27,
27(2)(e),
18,
21,
21A,
23
|