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Petitioner: FAZAL AHMAD VS Respondent: MURAD MASIH And OTHER
Court Name: Lahore High Court Judge(s): Muhammad Zafarullah, Fazal-e-Mahmood Title: FAZAL AHMAD vs MURAD MASIH And OTHER Case No.: Writ Petition No.4746 of 1985 Date of Judgment:1985-06-07 Reported As: 1986 CLC 1007 Result: petition allowed
JUDGMENT
JUDGMENT MUHAMMAD ZAFARULLAH, J.--Murad Masih respondent No.l was elected unopposed to a seat reserved for minorities in Union Council Baherwal, Tehsil Kharian, District Gujrat. The election was held on 14-9-1983. The petitioner has brought this writ petition challenging the authority of Murad Masih respondent to hold the public office as member of the Union Council on the ground that Murad Masih was a regular Government servant on the day when he was declared elected. A certifi--cate dated 29-10-1983 signed by an officer of the Army has been produced by the petitioner. According to this certificate Murad Masih was a regualr Government servant and was being paid from defence service estimate. Nothing has been produced in rebuttal on behalf of Murad Masih. 2. The certificate referred to above sufficiently indicates that the respondent was not qualified to hold public office as he was a regular Government Servant on the day he was declared elected. He, therefore, cannot hold public office of the member of a Union Council. The writ petition is, therefore, allowed. The seat held by Murad Masih, respondent No.l is declared to be vacant. There shall be no order as to costs