Law:

Section:

North-West Frontier Province Local Government Ordinance (XIV of 2001)--- ---S. 87---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Rejection of nomination papers----Petitioners Submitted nomination papers with the intention that she was contesting as candidate for seat reserved for women, but she was issued Form for the seat of Muslim (General) which she submitted---Returning Officer rejected said form on the ground that petitioner was a lady who was not allowed to contest election on seat for Muslim (General)---Appeal of the lady was also rejected by District Returning Officer---Validity---According to S.87 of North-West Frontier Province Local Government Ordinance, 2001, only two seats were reserved for Muslim women and only women could contest against said seats, but seats for Muslim General were open to male as well as female because those seats were not reserved only for male persons---Form, though could not be changed at the time of scrutiny and Petitioner could not be allowed to contest on seat reserved for women, but Returning, Officer and District Returning Officer, did not properly interpret relevant law as petitioner was eligible for contesting election against seat for Muslim (General) and her Form for said seat should have been accepted, if not found defective on any other ground---Form/application of petitioner submitted for seat of Muslim (General) tvas fit for acceptance against said seat---Constitutional petition was admitted and allowed to the effect that petitioner was a candidate for the seat of Muslim (General) of Union Council; that she had to be enlisted in the list of contesting candidates for said seat; that a symbol had to be it allotted to her; that she would stand allowed to contest against said seat; and that result would have to be announced in accordance with election laws/rules. JUDGMENT SALIM KHAN, J.---The nomination papers of Mst. Janat Zara, petitioner, were submitted with the intention that she was contesting candidate for the seat reserved for women of Union Council Dalan of Tehsil Tall in District Hangu. But, she was issued Form for the seat of Muslim (General), which she submitted. The learned…

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