Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973---.--- ---.---Art. 199---.---Constitutional petition---.---Rejection of nomination papers---.---Election of general councilor---.---Seconder was not enlisted as voter of ward---.---Validity---.---Defect in nomination papers is of substantial nature and same cannot be remedied and respondent cannot be allowed to contest election as his seconder is not voter of Ward---.---Judgment relied upon by appellate authority has been over-ruled by Full Bench of High Court---.---Order was not sustainable under law---.---Petition was accepted. THIS ORDER PASSED BY: MUSHTAQ AHMAD TARAR, JUSTICE:---.--- The petitioner has directed this writ petition against the order dated 26.10.2015 passed by the Respondent No. 1/Appellate Authority, whereby Respondent No. 1 accepted the appeal of Respondent No. 3 against the order dated 10.10.2015 passed by the Returning Officer Respondent No. 2 for rejection of nomination papers of Respondent No. 3. 2. Learned counsel for the petitioner contended that the Respondent No. 3 submitted nomination papers for the seat of General Councilor from Ward No. 2 of Union Council No. 56 Manak Pur Tehsil Muzaffargarh, whereas theseconder of petitioner namely Mian Ahmed son of Muhammad Akhtar was voter of Ward No. 3, resultantly the Returning Officer rejected the nomination papers of Respondent No. 3; that in appeal filed by Respondent No. 3 the Appellate Authority illegally accepted the appeal of Respondent No. 3 and allowed him to contest the election. He has referred the Full Bench Judgment of this Court dated 28.10.2015 passed in W.P. No. 31556 of 2015 titled "Barkhurdarvs. Appellate Authority". 3. The standing counsel also supported the contention of writ petitioner and argued that the Appellate Authority has illegally accepted the appeal of Respondent No. 3. 4. Learned counsel for Respondent No. 3 contested the appeal, however, he conceded that the seconder of Respondent No. 3 is not the voter of Ward No. 2 from where the Respondent No. 3 submitted nomination papers. 5. The record reveals that the Respondent No. 3 submitted nomination…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492