IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
Present: 
 
Mr. Justice Mushir Alam 
 
 
 
Mr. Justice Dost Muhammad Khan 
 
 
 
Mr. Justice Sardar Tariq Masood 
 
 
 
 
 
 
 
Civil Petition No.3181 of 2015 
Against order dated 21.10.2015 of Lahore 
High Court, Multan Bench, Multan, passed in 
Writ Petition No.15261 of 2015. 
 
Zahid Iqbal 
 
 
 
 
 
 
Petitioner(s) 
VERSUS 
Hafiz Muhammad Adnan, etc 
 
 
 
Respondent(s)  
 
For the Petitioner(s) 
: 
Mr. Salman Akram Raja, ASC 
 
 
 
 
 
Syed Rafaqat Hussain Shah, AOR 
 
For the Respondent(s) : 
Mr. M. Ilyas Siddiqui, ASC 
 
 
 
 
 
Mr. M. Afzal Siddiqui, ASC 
 
On Court’s Notice 
: 
Mr. Razzaq A. Mirza, Addl.AG, Pb. 
 
 
 
 
 
Mr. M. Saeed, R.O 
 
Date of Hearing  
: 
06.11.2015 
 
JUDGMENT 
 
 
 
Mushir Alam, J-. The petitioner has impugned the 
judgment of Lahore High Court, Multan Bench, Multan, dated 
21.10.2015, passed in Writ Petition No.15261 of 2015, 
whereby his candidature as Chairman for Union Council 
No.58, Tehsil Chichawatni, District Sahiwal, which was 
accepted by the Returning Officer on 30.09.2015 and 
maintained by the Election Appellate Authority, Chichawatni 
vide order dated 10.10.2015 was set naught.  
 
2. 
 
Challenge to the candidature of the petitioner by 
the respondent was that he is disqualified to be elected as 
Member of Local Government as he stands disqualified from 
being a candidate for election to any office of a Local 
Government for a period of four years from the date of 
Civil Petition No.3181 of 2015 
 
2
declaration on account of his holding citizenship of a foreign 
State within the contemplation of clause (a) of sub-section 2 
of Section 27 of the Punjab Local Government Act, 2013 
(hereinafter to be referred as ‘the Act, 2013’). The objections 
were 
neither 
accepted 
by 
the 
Returning 
Officer 
nor 
entertained by the Election Appellate Authority as noted 
above. Acceptance of his nomination papers was challenged 
through Writ Petition and learned Judge in Chambers in the 
High Court in consideration of the fact that the petitioner was 
disqualified to be elected  or chosen to be a Member of Majlis-
e-Shoora (Parliament) in terms of Article 63(1)(c) of the 
Constitution of the Islamic Republic of Pakistan, 1973 (to be 
referred as ‘the Constitution’) which is in para-materia to 
Clause (a) of sub-section (2) of Section 27 of the Act, 2013 
and was declared as such by this Court in para 53 of the 
judgment reported as Mahmood Akhtar Naqvi v. Federation of 
Pakistan (PLD  2012 Supreme Court 1089), which reads as 
under:- 
“As regards Mr. Zahid Iqbal, MNA, vide order dated 
18.3.2012 learned ASC appearing for Mr. Zahid Iqbal, 
MNA was directed to file evidence/documents/certificate 
issued by the competent authority in terms of British 
Nationality Act, 1981 to the effect that he is not a citizen of 
UK but he failed to do so till date despite giving time, thus 
we have no option but to believe that Mr. Zahid Iqbal, 
MNA, is holding citizenship of United Kingdom, having 
Passport No.300997046 of Britain.”   
 
3. 
 
The learned Judge in the High Court, seized of the 
matter, declared him to be disqualified in terms of para 11 of 
the impugned judgment, which reads as follows:- 
“The perusal of all the judgments referred above leaves no 
ambiguity that the disqualification adjudged by the 
Honourable Supreme Court of Pakistan by way of 
judgment dated 20th of September, 2012 attained finality. 
In such a case clause (b) of sub-section 3 of Section 27 of 
“The Act, 2013” will come into play with full force in the 
way of respondent No.3 as he was disqualified on account 
of holding dual citizenship on 20th of September, 2012 and 
at the time of submission of nomination papers, the 
requisite period of four years has not expired.”   
 
 
 
 
 
Hence, this petition for leave to appeal.  
 
4. 
 
Mr. Salman Akram Raja, learned ASC for the 
petitioner has contended that the petitioner admittedly 
earned disqualification when he contested and elected as 
Civil Petition No.3181 of 2015 
 
3
Member, National Assembly of Pakistan in the General 
Elections, 2008 for holding dual citizenship of both Pakistan 
and the United Kingdom, which later on pursuant to the 
judgment of this Court, referred to above, he had renounced 
and is no more a UK citizen by virtue of certificate dated 
04.10.2012 issued by the U.K Border Agency and since then 
he is holding undiluted and exclusive citizenship of Pakistan. 
It was urged that the petitioner put forth his candidature to 
contest election for NA.162-III, Sahiwal which challenge was 
not overturned by the Returning Officer and so also by the 
Election Tribunal, then comprised of the Judges of the High 
Court, which is also reported as Rizwan Zouq v. Returning 
Officer NA-16, SWL-III, Sahiwal (2013 CLC 271), however, 
his disqualification was sustained by the Lahore High Court, 
Lahore through judgment dated 07.05.2013 solely on the 
ground that since he was convicted by the Court of Sessions 
which conviction was still intact by that point in time. It is 
stated that the bar of conviction was also removed when he 
earned acquittal in Criminal Appeal No.210 of 2013 by the 
Lahore High Court, Multan Bench, vide judgment dated 
26.12.2013. It is further stated that the petitioner is qualified 
in terms of the criteria laid down in Section 27 of the Act, 
2013 and no other disqualification is attracted or could be 
imported from any other law to discredit his candidature, 
therefore, 
assumption 
of 
the 
learned 
Bench 
that 
disqualification in terms of Clause (b) of sub-section 3 of 
Section 27 of the Act, 2013 would come into play is not 
sustainable. 
 
5. 
 
Learned counsel for the contesting respondent 
heavily relied on clause (b) of sub-section 3 of Section 27 of 
the Act, 2013 and strenuously argued that once a person has 
been disqualified by this Court in the case of Mehmood 
Akhtar Naqvi (ibid) such disqualification will continue to 
operate for a period of four years within the contemplation of 
above referred provision of Section 27 of the Act, 2013. When 
Civil Petition No.3181 of 2015 
 
4
learned counsel was specifically asked to point out the 
disqualifications within the meaning of the provision of law 
relied upon by him, it was strenuously urged that since the 
petitioner had made a false declaration in the earlier 
elections, he is not sagacious, righteous, non-profligate, 
honest and ameen within the meaning of Article 62(1)(f) of the 
Constitution and is therefore not eligible to contest the 
election. It was further urged that since he was convicted by 
the trial Court for filing a false declaration, acquittal earned 
by him on technical ground will not rescue him from 
disqualification. To a specific question, it was candidly 
conceded that no appeal against such acquittal was filed.  
 
6. 
 
Mr. Razzaq A. Mirza, learned Additional Advocate 
General, Punjab, does not support the impugned judgment. 
According to him, disqualification if at all available in terms of 
Section 27 of the Act, 2013 would discredit the candidature of 
the petitioner and will not attract disqualification for any 
other office including if disqualification prescribed under 
Article 63 of the Constitution from being elected as Member of 
Majlis-e-Shoora (Parliament). 
 
7. 
 
Mr. Salman Akram Raja, learned ASC for the 
petitioner exercising his right of rebuttal has contended that 
disqualification being imported under Articles 62 and 63 of 
the Constitution cannot be imported and read as a 
disqualification under Section 27 of the Act, 2013 as there is 
no legislation by reference to import the qualification and or 
disqualification prescribed under the Constitution and or 
Representation of People Act, 1976 in contravention to the 
Act, 2013 and that import of such disqualification has been 
introduced under the Sindh Local Government Act, 2013 
which is not the case in the instant matter.  
 
8. 
 
We have heard the arguments and perused the 
record. Qualification and disqualification for a candidate and 
an elected Member to hold an elected office of a Local 
Civil Petition No.3181 of 2015 
 
5
Government is provided under Section 27 of the Act, 2013, 
relevant provisions whereof read as under:- 
“27. Qualifications and 
disqualifications 
for 
candidates and elected members.– (1) A person 
shall qualify to be elected as a member or to hold an 
elected office of a local government, if he– 
 
(a)  is a citizen of Pakistan; 
(b) except the youth member, is not less than 
twenty five years of age on the last day fixed 
for filing the nomination papers; 
(c) is enrolled as a voter in the electoral rolls of the 
ward or the local government from which he is 
contesting the election. 
 
(2) A person shall be disqualified from being elected or 
chosen as, and from being, an elected member of a 
local government, if he– 
 
(a) ceases to be citizen of Pakistan or acquires 
citizenship of a foreign State; 
(b) is declared by a competent court to be of 
unsound mind; 
(c) is an undischarged insolvent; 
(d) is in the service of Pakistan or of a local 
government; 
(e) is in the service of any statutory body or a 
body which is owned or controlled by the 
Government or a Provincial Government or the 
Federal Government or a local government or, 
in which any of such Government or local 
government has a controlling share or interest, 
except the holders of elected public office and 
part-time officials remunerated either by salary 
or fee; provided that in case of a person who 
has resigned or retired from any such service, 
a period of not less than two years has elapsed 
since his resignation or retirement; 
(f) is under an existing contract for work to be 
done or goods to be supplied to a local 
government or has otherwise any direct 
pecuniary interest in its affairs; 
(g) has been dismissed from public service on the 
grounds of misconduct unless a period of five 
years has elapsed since his dismissal; 
(h) has been removed or compulsorily retired from 
public service on the grounds of misconduct 
unless a period of three years has elapsed 
since his removal or compulsory retirement; 
(i) has been convicted by a court of competent 
jurisdiction for a term not less than two years 
for an offence involving moral turpitude or 
misuse of power or authority under any law 
unless a period of five years has elapsed since 
his release;  
(j) has been convicted for an offence involving 
activities prejudicial to the ideology, interest, 
security, unity, solidarity, peace and integrity 
of Pakistan unless a period of five years has 
elapsed since his release. 
 
      (3)  If a person– 
 
(a) is found by the Election Commission to have 
contravened any provisions of subsections (1) 
or (2), he shall stand disqualified from being a 
candidate for election to any office of a local 
government for a period of four years; or 
Civil Petition No.3181 of 2015 
 
6
(b)  has been elected as a member of a local 
government and is found by the Election 
Commission to have contravened any provision 
of subsections (1) or (2), he shall cease 
forthwith to be an elected member or to hold 
the office of such member and shall stand 
disqualified from being a candidate for election 
to a local government for a period of four years. 
 
      (4)  A candidate who claims to be a Muslim shall 
submit to the Returning Officer the declaration 
given in Ninth Schedule along with the nomination 
papers.” 
 
9. 
 
There are as many as 13 disqualifications 
prescribed under Subsection 2 of Section 27 of the Act, 2013. 
Such stigmatizations or disqualifications are relevant for pre-
election and or post election challenge and in terms of such 
Subsection 3 of Section 27 of the Act, 2013 if the Election 
Commission finds that any of the candidate and elected 
member has contravened any provision of subsection 1 and 
or 2 thereof then such candidate will be disqualified from 
being a candidate for election to any office of a local 
government for a period of four years. This exercise is to be 
carried out pre-election and in case any person has been 
elected and subsequent to his election a challenge is thrown 
and it is found by the Election Commission that the person 
elected as Member of a Local Government has contravened 
any of the provisions of subsection 1 or 2 of Section 27 of the 
Act, 2013 then such person on such determination by the 
Election Commission shall be ceased forthwith to be an 
elected member or to hold the office of such Member and 
shall be slapped disqualification for a period of four years.  
 
10. 
 
It is an admitted position that the petitioner had 
already renounced his UK citizenship with effect from 
04.10.2012, such disqualification is not perpetual and the 
moment a person gives up his dual nationality, he becomes 
eligible to put forth his candidature for election as a member 
or to hold an elected office of a Local Government under the 
Act, 
2013. 
Contention 
of 
the 
learned 
counsel 
that 
disqualification earned in terms of Article 63(1)(c) of the 
Constitution is not attracted, any perpetuity once renounced 
Civil Petition No.3181 of 2015 
 
7
for all practical purposes a person who is a citizen of Pakistan 
in terms of Section 14 of Pakistan Citizenship Act, 1951 is a 
full-fledged citizen and is entitled and qualified to be elected 
as a Member and so also to hold an elected office of a Local 
Government. As far as contention of the respondent that 
disqualification would be inflicted for a period of 4 years in 
terms of clause (b) of Subsection 3 of Section 27 of the Act is 
concerned, it would be advantageous to reproduced sub 
clause 2 relied upon by learned ASCs for the respondents 
which reads as under:- 
“If a person has been elected as a member of a local 
government and is found by the Election Commission to 
have contravened any provision of subsections (1) or (2), 
he shall cease forthwith to be an elected member or to 
hold the office of such member and shall stand 
disqualified from being a candidate for lection to a local 
government for a period of four years.”  
 
 
 
With reference to the above quoted provision, 
when learned counsel for the respondent was quarried as to 
whether there is any declaration and or finding by the 
Election Commission that the petitioner ha contravened any 
provision of subsection 1 and or 2 so as to inflict a 
disqualification for a period of four years, it was urged that 
such disqualification was made pursuant to the judgment of 
this Court in the case of Mehmood Akhtar Naqvi (supra) PLD 
whereby this Court declared him to be disqualified for holding 
office and being Member of Majlis-e-Shoora (Parliament).  
 
11. 
 
It was further urged that since he has made a 
false declaration, he is not a sagacious, righteous, honest and 
ameen within the contemplation of clause (f) of Article 62 of 
the Constitution and when he is not qualified to be elected or 
chosen as a Member of Majlis-e-Shoora (Parliament) he 
cannot be chosen or elected to hold an elected office of a Local 
Government. This contention on the face of it is preposterous 
and cannot be sustained. As noted above, there is no 
disqualification within the contemplation of Article 62 and or 
63 attracted by implication or by reference adopted within the 
fold of Section 27 of the Act, 2013. Disqualification on 
Civil Petition No.3181 of 2015 
 
8
account of dual nationality within the contemplation of clause 
(a) of subsection 2 of Section 27 of the act will only continue 
to apply as long as any the candidate continues to hold 
citizenship and or nationality of any other Foreign State and 
the disqualification so provided under any other law including 
Representation of People Act, 1976 and or the Constitution by 
implication cannot be invoked and or read into provisions of 
the Act, 2013. It is not the function of the Court to read into 
any enactment or words that are not part of the Statute. The 
Court is interested to consider the provision of the Act, 2013 
according to its plain meaning and not to import and or 
supply the deficiency of the legislation if at all any of the 
disqualification prescribed for any other office in any other 
law, same cannot be imported, added or inflicted on a person 
who is otherwise not within the net of such legislation. It is 
settled position in law that unless any provision and or law is 
adopted and or incorporated specifically in any provision and 
or legislation same cannot be read into the law or statute 
which is subject matter of Constitution. It is noted that 
disqualification for a candidate to be elected or chosen as a 
Member of Council (Local Government) under Sindh Local 
Government Act, 2013 is prescribed under Section 36 thereof. 
Besides, numerous disqualification some of which are in para 
materia to Section 27 of the Punjab Local Government Act, 
2013 one of the disqualification in terms of Clause (j) to 
Section 36 of the Sindh Local Government Act, 2013 provides 
as follows:- 
“he is for the time being disqualified or chosen as a 
member of the Provincial Assembly under any law for the 
time being in force” 
 
12. 
 
Thus, it could be seen that disqualification as 
prescribed to be chosen as a Member of Provincial Assembly 
by adoption and or reference is incorporated under the Sindh 
Local Government Act, 2013 whereas such adoption by 
reference is conspicuously present under the Punjab Local 
Government Act, 2013. Therefore, same cannot be imported 
from any other legislative instrument. Therefore, in view of 
Civil Petition No.3181 of 2015 
 
9
the foregoing discussion the impugned judgment cannot be 
sustained and is accordingly set aside.  
 
13. 
 
Above are the reasons for our short order of even 
date, which reads as under:-   
“For the reasons to follow, petition is converted into appeal 
and is allowed. Impugned judgment dated 21.10.2015 
passed in W.P.15261/2015 by the learned Lahore High 
Court, Multan Bench, rejecting nomination papers of 
petitioner for Election of U.C. 58 Chichawatni, District 
Sahiwal is set aside, and order dated 10.10.2015 passed 
by the Appellate Authority, Local Government Election, 
Chichawatni, maintaining order dated 30.09.2015 of the 
Returning Officer, accepting nomination papers of the 
petitioner is restored.”   
 
 
Judge 
 
 
Judge 
 
 
Judge 
 
 
 
 
ISLAMABAD, THE  
6th November, 2015 
ZR/* 
Civil Petition No.3181 of 2015 
 
10
 
