Law:

Section:

(a) Punjab Local Government (Conduct of Elections) Rules, 2013----- -----R. 16(1)-----Withdrawal of nomination papers of candidate for Vice-Chairman-----Joint candidacy-----Scope-----Interpretation of R.16(1) of Punjab Local Government Elections Rules, 2013-----Respondent moved an application of his own accord for withdrawal of his candidature as Vice Chairman of Union Council which was entertained and allowed by Returning Officer-----Question which required determination was whether in a joint candidacy, one of the candidates could move an application for withdrawal of nomination papers for his candidature-----Held, that in R.16(1) of Punjab Local Government (Conduct of Elections) Rules, 2013, word "candidate(s)" was used which was of much significance and showed intention of legislature-----By separating the alphabet 's' by parenthesis/brackets, Legislature had stressed that term 'candidate(s)' could be used in a singular as well as plural form as per the requirement of the action to be taken by the sole candidate or by the joint (two) candidates as the case may be-----In case of a joint candidature any one of the two candidates singularly or both of them could jointly withdraw his/her/their candidature, had it not been so, Legislature would not have used the letter 's' in parenthesis/brackets in R.16-----Intention of Legislature that in case of joint candidature even a single candidate could withdraw nomination papers was manifest-----Constitutional petition was dismissed, accordingly. (b) Punjab Local Government (Conduct of Elections), Rules, 2013----- -----R. 14(6)----- Joint candidacy-----Withdrawal of nomination papers of Vice-Chairman-----Effect-----Rule 14(6) of Punjab Local Government (Conduct of Elections) Rules, 2013, it was abundantly clear that joint candidates for the seat of Chairman and Vice-Chairman had to share the fate of acceptance/rejection of nomination papers with each other-----In the event of rejection of nomination of one of the candidates, the nomination papers of the joint candidates would be rejected and that the other candidate should automatically be deemed to be ineligible for elections-----No legislative restraint existed in a…

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