INAYATULLAH Versus DISTRICT A.C. & D.C.

1. MUNAWAR AHMED MIRZA, J. ‑‑Petitioner who is J.V. Teacher in the Government Middle School, Sulrankot, claims to have participated in the Election held on 16‑9‑1989 for the office of Chairman Zakat Committee Machi Kuh. 1t is alleged that petitioner was validly elected, but Tehsildar Sibi illegally superseded the proceedings held on said date. However, subsequently fresh elections were held on 6‑10‑1989 when respondent No.2 was elected. Feeling aggrieved two appeals were preferred but appellate authority rejected the same on 24‑10‑1989 making following observations:‑‑

2. Through this Constitutional petition (i) action of Tehsildar Sibi superseding proceedings held on 16‑9‑1989, (ii) election of respondent No.2 during proceedings conducted on 6‑10‑1989, and (iii) order of appellate authority dated 24‑10‑1989 rejecting appeal of petitioner: have been challenged, and following relief is claimed:

3. "It is therefore, to pray that order dated 24‑10‑1989 (Annex. F) be set aside. (ii) The Respondent No.1 be directed to act on the report submitted to him by the Respondent No.3, regards conduct of selection and election of petitioner as Chairman on 16‑9‑1989 in his capacity as being the convener and to declare the proceeding of the meeting????..held on 16‑9‑1989 to be proper, as also to declare the petitioner as lawfully elected Chairman of the local Zakat Committee of Machi Kuh No.l. (iii) In the alternative it is to pray that the Respondent No.l. be directed to dispose of the two appeals filed by the petitioner (Annex. C&D) on their own merits; in accordance with law. (iv) Cost of the petition may also be awarded."

4. Mr. Basharatullah, Advocate vehemently urged that petition did not suffer from any disqualification under law, therefore having been lawfully elected on 16‑9‑1989 as Chairman Zakat Committee Machi Kuh, he should be declared so and subsequent proceedings including selection of respondent No.2 and order of appellate authority dated 24‑10‑1989 be declared to be without lawful authority and of no legal effect.

5. Constitution of Local Zakat and Usher Committee is regulated by section 18 of Zakat and Usher Ordinance XVIII of 1980. Subsections (3) and (4) of section 18 specify that local committee shall consist of seven members selected by the residents of locality, who are (i) adult, (ii) Muslim; (iii) known to be pious, and (iv) not engaged in political activity. Whereas first proviso to subsection (4) of section clarifies that a person who is salaried employee of Government, or local authority or corporation set‑up, owned or controlled by the Government shall not be eligible to be member of local Committee. For ready reference relevant provisions are reproduced below:‑‑

6. " Section 18.

7. (1). .....................................

8. (2). .....................................

(3) The local Committee shall consist of seven members selected by the residents of the locality in the manner specified in subsection (4). The District Committee shall constitute a team of three or more persons including at least one gazetted officer, one Aalim‑e‑Deen and one member of the District Committee to organi7x a public gathering of the adult Muslim residents of locality and to call upon them to select in the prescribed manner, seven adult Muslims resident in that locality who are known to be pious and are not engaged in political activity and who enjoy trust to be the members of the Local Committee:

9. Provided that a person who is a member of a team constituted for the selection of members of a Local Committee shall not be eligible to be a member of such Local Committee and except in the case of such Local Committees in the Islamabad Capital Territory as may be notified by the Administrator‑General a person who is a salaried employee of Government or a local authority otherwise than as a Pesh Imam of a local mosque or a teacher of a local school or of a corporation set‑up, owned or controlled by Government, shall not be eligible to be a member of a Local Committee."

10. Even otherwise perusal of various provisions of Zakat and Usher Ordinance; suggest that main object of legislation is to provide a structure for I distribution of Zakat and Usher at District, Sub‑Division, Tehsil or Taluqa level through well‑respected, known pious and noble, unofficial persons of each locality. This spirit is further manifested from subsection (7) of section 18 regarding appointment of Chairman, where, introduction of proviso through A Ordinance VII of 1983 relaxed condition of literacy attached to the appointment of Chairman Local Committee. If intention was to include officials or Government employees in that event aforesaid amendment was not required. Therefore we have no hesitation to conclude that participation of petitioner in the election for the office of Chairman Local Zakat Committee Machi Kuh was uncalled for and violative of law. Accordingly petitioner has no legitimate grievance for invoking Constitutional jurisdiction of this Court.

11. This petition was dismissed in limini by short order dated 22‑11‑1989 and here are reasons for the same.

12. M.B.A./343/Q ??????????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.