Case Details

Citation(s)
2001 SLG 2466 2001 SLD 2466 2001 CLC 932
Lahore High Court
Writ Petition No.4083 of 2001, heard on 19-03-2001
MAULVI ANWARUL HAQ, J
Miss Gulzar Butt and Mian M. Ayub for Petitioners. Amir Khan Raja for
Respondent. Muhammad Jehangir Wahla, A.A.G. (on Courts call)

RAZIA SULTANA and another

VS

RETURNING OFFICER, SIALKOT and 3 others

Law:

Section:

Punjab Local Government Elections Ordinance (V of 2000)-------Ss. 2(10) & 14---Punjab Local Government Elections Rules, 2000, Rr.44 & 47---Election for seats reserved for peasants (female) workers---Candidate filed nomination papers for contesting elections of the said seat---Only a landless worker or a person owning less than five acres of land and dependant entirely upon the same for his substance, was a peasant qualified under S.2(10) of Punjab Local Government Elections .Ordinance, 2000 to contest election to a seat reserved for peasants---Owner of less than five acres of land must be dependent directly upon the land for his subsistence, which condition precedent was missing in case of the candidate---Candidate not falling within definition of "peasant", thus, could not contest election--­Order accepting nomination papers of such candidate was set aside being illegal. Ahmad Bakhsh v. The District Judge/Election Tribunal and others PLD 1986 SC 223; Anwar Ali Cheema v. Muhammad Aslam PLD 1984 Jour. 96 and M. Saifullah Khan v. Muhammad Afzal and 2 others PLD 1982 Lah. 7? ref. JUDGMENT The petitioners feel aggrieved of the acceptance of nomination papers filed by respondent No.2 for contesting elections of a seat reserved for peasants (female) in U.C. No.20 (Doburji Araian, Sialkot)-The objection precisely is that the said respondent does not fall within the definition of the term "peasant" contained in section 2(10) of PLGEC, 2000 2. Miss Gulzar Butt, learned counsel for the petitioners contends that the said respondent No.2 neither is nor claims to be a farm worker whereas she had not declared any land in her declaration of assets; that when the petitioners objected she proceeded to file documents Annexures "C" and "D"; whereas Annexure "C" (Register Haqdaran Zamin) records Abdur Razzak and others in the ownership column and respondent No.2 is recorded in the column of possession as a co-sharer; in Annexure "D" she is recorded to be owner of the same land. According to learned counsel Khasra Girdawari Annexure "E" and Register Haqdaran Zamin (Annexure "F") are the correct copies arid according to these the said land is owned as well as possessed by…
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