Case Details

Citation(s)
2016 SLG 2346 2016 SLD 2346 2016 PLD 163
Lahore High Court
I.C.A. No. 1331 in W.P. No. 29297 of 2015, decided on 21st October, 2015.
IJAZ UL AHSAN, JUSTICE AND SHAHID MUBEEN, JUSTICE
Muhammad Afzal Lone for Appellant (in I.C.A. No. 1331-2015 and I.C.A. No. 1338-2015). Muhammad Ramzan Chaudhry for Appellant (in I.C.A. No. 1311-2015). Arshad Ali Mahar for Appellant (in I.C.A. No. 1321-2015). Rai Haider Ali Khan Kharal for Appellant (

MUHAMMAD ABID IQBAL

VS

DISTRICT ELECTION COMMISSIONER AND 3 others

Law:

Section:

Punjab Local Government (Conduct of Elections) Rules, 2013-- ----------R. 14(10)---------Law Reforms Ordinance (XII of 1972), S.3(2)---------Intra-court appeal---------Maintainability---------Right of appeal availability of---------Appellants had assailed original orders passed by Returning Officers either rejecting or accepting nomination papers---------Appeals filed before appellate authority were dismissed and the order was maintained by Single Judge of High Court---------Validity---------Against the orders passed by Returning Officers appeal was provided under R.14(10) of Punjab Local Government (Conduct of Elections) Rules, 2013, therefore intra-court appeals were not competent as law applicable had provided one appeal against such orders under proviso to S.3(2) of Law Reforms Ordinance, 1972---------Intra-court appeal was dismissed under circumstances. Mst. Karim Baksh and others v. Hussain Bakhsh and another PLD 1984 SC 344 rel. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:----------- Through this single order, we will decide the instant Intra Court Appeal (No.1331 of 2015) as well as the connected Intra Court Appeals whose numbers and titles along with brief facts are given below:- 1. I.C.A. No.1331 of 2015 Muhammad Abid Iqbal v. District Election Commissioner, etc. 2. I.C.A. No.1311 of 2015 Din Muhammad v. District Election Commissioner Kasur. 3. I.C.A. No.1338 of 2015 Khalid Bashir v. District Election Commissioner, Kasur 4. I.C.A. No.1321 of 2015 Khushi Muhammad v. Returning Officer, etc. 5. I.C.A. No.1384 of 2015 Muhammad Latif v. Returning Officer etc. The appellants filed their nomination papers for the seats of General Councillors, which were rejected by Returning Officer vide impugned order dated 17.09.2015 on the ground that the appellant, proposer and secondar are not enrolled in the ward. The appellants preferred appeals before the learned Appellate Authority, which were also dismissed vide impugned order dated 29.09.2015. Thereafter, the appellants filed writ petitions before this Court, which met with the same fate vide impugned judgment dated 2.10.2015 and 07.10.2015. Hence Intra Court Appeals. 6. I.C.A. No.1313 of 2015 Minhaj-ud-Din Ahmad…
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