Law:

Section:

(a) Punjab Local Government Elections Rules, 2005--- ----R. 14(3)(1) & (4)---Punjab Local Government Elections Ordinance (V of 2000), Ss.2(10) & 6(2)(b)---Transfer of Property Act (IV of 1882), 5.54---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Election to seats reserved for Peasants in Zila Council---First and second candidates challenging each other holding more than 5 acres of land---Acceptance of nomination papers of both candidates by Returning Officer---Inter se withdrawal of appeals before District Returning Office by both candidates---Constitutional petition by third candidate challenging validity of acceptance of nomination papers of such candidates---Validity---Returning Officer had neither required first candidate to show that 113 Kanals, 13 Marlas land finding mention in earlier Jamabandi was not presently owned by him nor verified from him about transfers/sales made during five years preceding election year---Returning Officer under Rule 14(3) of Punjab Local Government Elections Rules, 2005 had suo motu power, which was akin to summary inquiry to satisfy that first candidate was qualified or not to contest election---District Returning Officer in view of such Jamabandi should not have permitted withdrawal of appeals in a mechanical and routine manner---Allowing unqualified persons to contest election on special seat of peasant would tantamount to a fraud upon the statute---Agreement to sell alleged by first candidate would neither have the effect of legal transfer of ownership to vendee nor would bring his case within purview of definition of peasant as five years from year of election had not lapsed---Latest Jamabandi filed along with appeal against second candidate showed his ownership 87 Kanals, 4 Marlas land---Had the District Returning Officer discharged his obligation in terms of R. 14(3) of Local Government Elections Rules, 2005, the situation of withdrawal of appeals and allowing second candidate to contest election could have been avoided---Both first and second candidates were disqualified, but they having joined hands in a collusive and oblique manner had tried to play fraud upon the law to facilitate…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492