REHMAN vs DUR MUHAMMAD S — 2023 PLD 113 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 113 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: REHMAN vs DUR MUHAMMAD S
Subject matter: Constitutional
Provisions referred to: S. 24---B; S. 24; Ushr Act (I of 2012); Balochistan Local Government Act; Ushr Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMAN VS DUR MUHAMMAD S. 24---Balochistan Zakat and Ushr Act (I of 2012), Ss. 15 & 23---Constitutional petition---Qualifications for candidates and elected members---Chairman of Zakat Committee---Question before High Court was whether a person being Chairman of Zakat Committee could contest the local bodies elections within the meaning of S. 24(1)(f) of the Balochistan Local Government Act, 2010---Held, that considering Ss. 15 & 23 of the Balochistan Zakat and Ushr Act, 2012, the Chairman of Tehsil Zakat Committee was deemed to be a public servant, since he was elected for the service in statutory body controlled by the Provincial Government, so S. 24(1)(f) of the Balochistan Local Government Act, 2010, debarred the Chairman Tehsil Zakat and Ushr Committee from contesting the local bodies election---If any person had the authority to distribute Zakat and Ushr then definitely there were overwhelming possibilities that he could influence the poor voters of the constituency and by using this authority, any individual could hijack the elections---Furthermore, it was not logical that a person, who was empowered to provide monetary benefits of any kind under his discretion to the voters of his constituency, should be allowed to contest the elections as it would raise questions regarding transparency and fairness of electoral process---Constitutional petition was accepted and the Returning Officer was directed to delete the name of Chairman of Zakat Committee from the list of validly nominated candidates for the reserved seat of peasant.

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