Case Details

Citation(s)
2016 SLG 1007 2016 SLD 1007 2016 SCMR 1215
Supreme Court of Pakistan
Civil Petition No. 3488 of 2015, decided on 3rd December, 2015. Date of hearing: 3rd December, 2015.
MUSHIR ALAM AND UMAR ATA BANDIAL, JJ
Malik Javed Akhtar Wains, Advocate Supreme Court for Petitioners. Syed Iqbal Gillani, Advocate Supreme Court and Zafarullah Asim, R.O. for
Respondents Nos.3, 4 and 5.

ABDUL RASHEED and another

VS

ELECTION APPELLATE AUTHORITY and others

Law:

Section:

Punjab Local Governments (Conduct of Elections) Rules, 2013--- ----Rr. 12(4) & 14(3)(c)---Punjab Local Government Act (XVIII of 2013), S. 38---Constitution of Pakistan, Art. 199---Local Government elections---Alleged concealment of assets and liabilities by candidate---High Court rejecting nomination papers of candidate in its Constitutional jurisdiction---Propriety---Where the concerned authority under the Punjab Local Government Act, 2013 allowed a candidate to contest the election, the same could not be challenged in writ jurisdiction of the High Court for the reason that such challenge could be thrown in post-election proceedings through an election petition under S. 38 of the Punjab Local Government Act, 2013---Order of High Court rejecting nomination papers of candidate was set aside so as to facilitate him to contest the elections, however Supreme Court observed that the same was without prejudice to the right of the respondents to agitate such controversy, if any, in post-election proceedings. Darya Khan v. Mehran Khan PLD 1974 Kar. 209 ref. ORDER MUSHIR ALAM, J.---Nomination papers of the petitioners were rejected by the Returning Officer vide order dated 16.09.2015 on account of concealment of assets and liabilities required to be disclosed. However, the Appellate Authority, not signing of nomination papers by one of the petitioner, vide order dated 23.09.2015 set aside the order passed by the Returning Officer dated 16.09.2015 with the direction to get the defect rectified from the petitioners in accordance with Rule 14(7) of the Punjab Local Governments (Conduct of Elections) Rules 2013 and since clearance certificate from MEPCO has been submitted by the petitioners to the effect that none of the petitioners is defaulter. However, matter was agitated by the respondents in writ jurisdiction by filing the writ petition before the Lahore High Court, Multan Bench Multan. The learned Single Judge of the High Court seized of the matter by…
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