Case Details

Citation(s)
2016 SLG 2322 2016 SLD 2322 2016 PLD 101
Lahore High Court
Writ Petition No. 31556 of 2015, heard on 19th October,2015. Date of hearing: 19th October, 2015.
SYED MANSOOR ALI SHAH, JUSTICE, AYESHA A. MALIK, JUSTICE AND ALI AKBAR QURESHI, JUSTICE
Malik Asif Ahmed Nissoana, Shah Nawaz Dhillon, Ijaz Ahmed, Ch. Asif Zaman Chatha, Rana Adnan Ahmed, Malik Ejaz Ahmed Phullarwan, Imdad Ali Nekokara, Muhammad Rizwan Ghumman, Ch. Muhammad Ashraf Jalal, Shoaib Ahmed Malik, Rai Sarfraz Ali Khan, Ch. Muhammad

BARKHURDAR-VSAPPELLATE TRIBUNAL/ADDITIONAL DISTRICT AND SESSIONS JUDGE AND 3 others

Law:

Section:

(a) Constitution of Pakistan-- ----------Arts. 140A & 17(2), 2A & Preamble---------Representative democracy---------Principles of democracy and constitutional guarantee of political justice as part of the constitutional values---------Local Government---------Delimitation---------Constitutional vision of institutionalized participation of people at the local level, extensively discussed. Judicial Review of Public Actions by Justice (Retd.) Fazal Karim, p.715; Benazir Bhutto's cases, PLD 1988 SC 416, PLD 1989 SC 66, PLD 2002 SC 994, PLD 2003 SC 955; Free Legal Dictionary by Farlex and the Concept of Constituency--Political Representation, Democratic Legitimacy and Institutional Design (Cambridge University Press) rel. (b) Punjab Local Governments (Conduct of Elections) Rules, 2013-- ----------Rr. 12(2), 14(7), 14(3)(b) & 2(f)---------Punjab Local Government Act (XVIII of 2013), Ss. 2(v), 8 & 27---------Constitution of Pakistan, Arts. 199, 140A & 17(2)---------Constitutional petition---------Local government elections---------Nomination for elections---------Scrutiny of nomination papers---------Mandatory nature of requirement of having a proposer and seconder from the same constituency from where a candidate had been nominated---------Constituency---------Scope---------Petitioner filed nomination papers for elections to the seat of General Member of a Ward in a Union Council, and admittedly, the proposer and seconder belonged to a different Ward of the same Union Council---------Question before the High Court was as to whether the proposer and seconder under R. 12(2) of the Punjab Local Governments (Conduct of Elections) Rules, 2013 must be from the constituency from where a candidate had been nominated---------Held, that a "constituency" was a territorial or geographical compact where a group of voters held an election to elect a representative and, in the present case, Ward was the smallest territorial compact where elections were held to directly elect a person to the seat of a General Member, who then became one of the six General Members of the Union Council, which constituted a Local Government and therefore, "Ward" was "a…
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