Law: North-West Frontier Province Local Government Ordinance, (IV of 1979)

Section: 14(e),16 & 154

(a) North-West Frontier Province Local Government Elections Ordinance (VI of 2000)---------S. 14(e)---Disqualification of returned candidate by Election Tribunal for being non-matriculate ---Validity---Matric certificate produced with nomination papers issued by Board of Secondary Education was alleged by petitioner to be bogus---Petitioner in evidence produced copies of Gazette Notification and Mark Sheet showing returned candidate having failed in two subjects---Respondent did not dispute such fact, which went un-rebutted---Burden to prove Matric certificate to be genuine was on respondent, which he failed---Certificate of Technical Education from Afghanistan was relevant only for evaluation of education, which would not in any .way lead to its genuinness---Non-production of original certificate was another valid ground to reject its authenticity---Issuance of equivalence certificate after one month of filing of election petition would show that same had not been filed with nomination papers, which thus, were liable to be excluded from consideration---Respondent held was, not qualified to contest election, which had rightly been declared void by Tribunal.(b) North-West Frontier Province Local Government Elections Ordinance (VI of 2000)---------Ss. 16 & 154---North-West Frontier Province Local Government Election Rules, 2000, R.18(3)---Election of Nazim or Naib Nazim on basis of joint candidature---Rule of rejection of nomination of joint candidates as a whole in case of rejection of nomination of either candidate---Object---Such rule is based on doctrine of sinker i.e. to sail or sink together---Defect of invalid nomination is not curable---System of joint candidacy---Salient features explained.Proviso to sub-rule (3) of Rule 1-8 provides that in case of rejection of nomination of either a Nazim or a Naib Nazim as joint candidates, the nomination as a whole for both the joint candidates shall stand rejected. The election on basis of joint candidature and rule of rejection of nomination of joint candidates as a whole is based on the doctrine of sinker. The basic concept of this doctrine is based on the principle of sail or sink together.The salient feature…