Syed Ishfaq Hussain Shah And Other vs The District Judge With The Powers Of District Returning Officer, Lahore And Other
The petitioners challenged an order accepting a writ petition that disqualified them from contesting local council elections due to being recalled during the previous tenure. After hearing arguments, the Supreme Court of Pakistan granted leave to appeal to examine whether Section 163 of the Punjab Local Government Ordinance 2001 (before amendment) debars them from contesting general elections or only re-elections, and whether the omission or repeal of Section 163 affects their disqualification arising from the recalling. Pending the decision of the appeal, the Court granted leave, allowed the petitioners to contest the election, and directed the Returning Officer to complete the pre-poll process accordingly.
- Are persons who were recalled during the last tenure of Local Councils eligible to contest general elections under Section 163 of the Punjab Local Government Ordinance 2001?
- Does the omission or repeal of Section 163 of the Punjab Local Government Ordinance 2001 absolve a recalled member from the disqualification to contest elections?
- Section 163, Punjab Local Government Ordinance 2001
ORDER
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- Petitioners have called in question order dated August 10th, 2005 whereby writ petition filed by Shahid Munir respondent was accepted and they were disqualified to contest the election as one of them i.e. Petitioner Ishtaq Hussain Shah was recalled during the last tenure of the Local Councils.
2. After hearing the learned counsel for the parties at length, leave to appeal is granted, inter alia, to examine:--
(1) As to whether in pursuance of Section 163 of the Punjab Local Government Ordinance, 2001 (before amendment) petitioners are eligible to contest the election because according to learned counsel they are debarred to contest re-election and not General Elections of Local Councils.
(2) As to whether despite omitting/repealing the provision of Section 163 of the Punjab Local Government Ordinance, 2001, the petitioner shall remain debarred to contest election on account of the effect of recalling.
Pending decision of appeal arising OF of petition, the petitioners are allowed to contest election.
The Returning Officer is directed to complete pre-poll process before the schedule date of polling so they may participate in the election according to the rules.