Case Details

Citation(s)
2016 SLG 2910 2016 SLD 2910 2016 PLD 539
Lahore High Court
W.P. No. 8386 of 2015, decision Dated: 19-11-2015.
ZAFARULLAH KHAN KHAKWANI, JUSTICE
Petitioner(s) by: Syed Muhammad Ibrahim Bukhari and Syed Muhammad Areeb Abdul Khafid Shah Bukhari, Ch. Abdul Jabbar,
Respondent(s) by: Malik Muhammad Hayat

AHMAD NAWAZ KHAN BAKHTIARI

VS

APPELLATE AUTHORITY AND OTHERS

Law: Punjab Local Government Act, 2013

Section: 27(1)(b)

Law: National Database and Registration Authority Ordinance, 2000

Section: 9,10,19

(a) Punjab Local Government Act (XVIII of 2013)--- ----S. 27(1)(b)---National Database and Registration Authority Ordinance (VIII of 2000), Ss. 9, 10 & 19---Election for local government---Dispute with regard to age of candidate---Entries of National Identity Card and Birth Registration Certificate---Scope---Nomination papers were rejected by the Returning Officer on the ground that candidate did not qualify being under twenty-five years of age---Appellate authority accepted the nomination papers holding that candidate was more than twenty five years according to Birth Registration Certificate---Validity---National Identity Card was a public document having probative value---Presumption of truth was attached to the National Identity Card which could be considered as evidence---Entries of National Identity Card were considered to be more authentic and admitted to be correct---Such entries should be given preference over other documents/certificates unless same were rebutted by better and strong evidence---Entries of National Identity Card should be considered for determining the age of any person---Preference should be given to the entries made in the National Identity Card over the entries made in the Birth Registration Certificate---Computerized National Identity Card of the candidate, in the present case, was duplicate or had been issued after expiry of old one---Nothing was on record that any effort was made by the candidate for correction of his date of birth if wrongly mentioned on Computerized National Identity Card before filing of his nomination papers---Candidate had used present National Identity Card for many years without any complaint---Date of birth of candidate was less than twenty five years at the time of filing of nomination papers and he was not eligible to contest the election---Impugned order passed by the appellate authority was set aside and that of Returning Officer was restored---Nomination papers submitted by the candidate were rejected---Constitutional petition was allowed in circumstances. Abdul Ghani and others v. Mst. Yasmeen Khan and others 2011 SCMR 837; Mst. Razia Khatoon through Legal Heirs v. Dr. Roshan H. Hanji and…
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