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Petitioner: Malik ATA HUSSAIN VS Respondent: D. C., MUZAFFARGARH
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan, Rustam S. Sidhwa Title: Malik ATA HUSSAIN vs D. C., MUZAFFARGARH Case No.: Writ Petition No, 319 of 1980 Date of Judgment:1982-06-05 Reported As: 1983 CLC 2445 Result: Writ petition dismissed
Judgment ORDER ' RUSTAM S. SIDHWA, J.-This is a petition by Malik Ata Hussain, petitioner, seeking a writ in the nature of quo warranto calling upon Haji Zain-ul-Abidin, respondent No, 2, to show under what authority of law he holds his office as member of the Union Council, Budh. 2. Registered A. D. Notices were issued to respondents Nos. 1 and 2 for 5th May, 1982 but nobody turned up on their behalf. Ex parte proceedings were, therefore, ordered against them. The case was then adjourned for today. 3. The petitioner's case is that Haji Zainul-Abidin, respondent No, 2, was disqualified to be a candidate and a member of Union Council, Budh, A as he was a depot holder. By virtue of the Punjab Local Government (Amendment) Ordinance IV of 1981, the disqualification attaching to a person who was a depot holder has been dropped and under the newly-added subsection (2) to section 21 of the Punjab Local Government Ordinance, IV of 1981, a person who was suffering from a disqualification, which has been removed by virtue of the proviso to clause (1) of subsection (1) of section 21, has to be treated, notwithstanding any other provision to the contrary contained in the Ordinance, as eligible to be a candidate or a member of a local Council. Respondent No, 2 is still functioning as a member and is performing his duties, as B such. In these circumstances, we do not propose to interfere in the constitutional jurisdiction. 4. For the foregoing reasons, this petition is dismissed.