Syed ISHFAQ HUSSAIN SHAH and others vs DISTRICT JUDGE with the powers of District Returning Officer, Lahore and others
This matter concerns a petition for leave to appeal against an order of the High Court which disqualified the petitioners from contesting local government elections. The petitioners had been disqualified based on the recall of one of the petitioners, Syed Ishfaq Hussain Shah, during a previous tenure of the Local Councils. The core legal questions before the Supreme Court were whether, under Section 163 of the Punjab Local Government Ordinance, 2001 (prior to amendment), the petitioners were ineligible to contest general elections or merely re-elections, and whether the subsequent repeal of Section 163 continued to operate as a bar against the petitioners. Upon hearing the parties, the Supreme Court granted leave to appeal to examine these statutory interpretations. Pending the final adjudication of the appeal, the Court granted interim relief, allowing the petitioners to contest the election and directing the Returning Officer to facilitate their participation in the pre-poll process. The Court effectively stayed the disqualification order to preserve the petitioners' right to participate in the electoral process until the legal questions regarding the scope and effect of the repealed ordinance could be definitively resolved.
- Are petitioners debarred from contesting general elections or only re-elections under Section 163 of the Punjab Local Government Ordinance 2001?
- Does the repeal of Section 163 of the Punjab Local Government Ordinance 2001 remove the disqualification bar previously imposed on a candidate?
- 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 Ishfaq 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 repealing?
Pending decision of appeal arising out of petition, the petitioners are allowed to contest election.
The Returning Officer is directed to complete pre-poll process before the scheduled date of polling so they may participate in the election according to the rules.
3. To be fixed in the month of September, 2005.