| Citation(s) |
|---|
| 2016 SLG 2036 2016 SLD 2036 2016 PLJ 262 |
Lahore High Court
W.P. No. 7666 of 2015, decided 15.10.2015. Heard on: 15.10.2015.
ZAFARULLAH KHAN KHAKWANI, JUSTICE
Syed Saleem ud Din Aftab, Advocate for Petitioners. Ch. Abdul Jabbar, Standing Counsel for Federation of Pakistan with Muhammad Nasrullah Zahid, A.R.O. Mr. Muhammad Saleem Faiz, Advocate for Rival Candidates.
W.P. No. 7666 of 2015, decided 15.10.2015. Heard on: 15.10.2015.
ZAFARULLAH KHAN KHAKWANI, JUSTICE
Syed Saleem ud Din Aftab, Advocate for Petitioners. Ch. Abdul Jabbar, Standing Counsel for Federation of Pakistan with Muhammad Nasrullah Zahid, A.R.O. Mr. Muhammad Saleem Faiz, Advocate for Rival Candidates.
RIAZ AHMAD AND another
VS
ADDITIONAL SESSIONS JUDGE, BAHAWALPUR AND 2 others--RespondentS
Law: Punjab Local Government Act, 2013
Section: 27(1)(d)
Law: Constitution of Pakistan, 1973
Section: 199
Punjab Local Government Act, 2013---.--- ---.---S. 27(1)(d)---.---Constitution of Pakistan, 1973, Art. 199---.---Constitutional petition---.---Joint candidature---.---Nomination papers were rejected on ground that as per computerized NIC age was less than 25 years---.---Not eligible to contest election---.---Challenge to---.---Date of birth mentioned in CNIC had been revived---.---Validity---.---It is established from NIC that he was born 26.9.1991 and admittedly his age was less than 25 years at time of filing of nomination papers---.---Birth certificate issued by Secretary U.C. clearly suggests that same was issued on basis of manual entry and perusal of birth register shows that entry has been left blank which creates doubts in authenticity of documents and possibility of ante-dated entries cannot be ruled out in the register---.---Filing of civil suit for purpose of correction of date of birth was itself admission on part of petitioner that his date of birth as mentioned in CNIC was less than 25 years---.---If date of birth was wrongly why he did not earlier move to authorities for its correction and kept on sleeping in slumber for more than four years and when his nomination papers were rejected, he started his effort to get changed his date of birth---.---It is by now settled proposition of law that entires in CNIC was admitted to be correct unless proved to contrary by cogent and convincing evidence---.---Petitioner was less than 25 years of age at time of filing his nomination papers and was not qualified to be candidate or to be elected as member or to hold an elected office of local government---.---Petition was dismissed. 2008 SCMR 456, ref. THIS ORDER PASSED BY: ZAFARULLAH KHAN KHAKWANI, JUSTICE:---.--- The petitioners submitted their nomination papers as a joint candidature for the seat of Chairman and Vice Chairman of Union Council No. 86, District Council Bahawalnagar. During scrutiny on 17.09.2015, nomination papers of the petitioners were rejected by Respondent No. 2 on the ground that as per computerized identity card age of Petitioner No. 2 was less than 25 years. The petitioners approached appellate authority and filed appeal which was also…
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