| Citation(s) |
|---|
| 2016 SLG 2024 2016 SLD 2024 2016 PLJ 115 |
Lahore High Court
W.P. Nos. 29531, 29442, 29533, 29534, 29576, 29619, 29638, 29678, 29737 of 2015, decision Date : 7.10.2015. Heard on: 7.10.2015.
IBAD-UR-REHMAN LODHI, JUSTICE
Ch. Muhammad Yousaf, Advocate for Petitioner. Mr. Muhammad Shafique Malik, Advocate for Petitioner (in W.P. No. 29442 of 2015). Mr. Muhammad Shahzad Ijaz, Advocate for Petitioner (in W.P. No. 29533 of 2015). Mr. Ch. Muhammad Yousaf and Shahid Rafiq May
W.P. Nos. 29531, 29442, 29533, 29534, 29576, 29619, 29638, 29678, 29737 of 2015, decision Date : 7.10.2015. Heard on: 7.10.2015.
IBAD-UR-REHMAN LODHI, JUSTICE
Ch. Muhammad Yousaf, Advocate for Petitioner. Mr. Muhammad Shafique Malik, Advocate for Petitioner (in W.P. No. 29442 of 2015). Mr. Muhammad Shahzad Ijaz, Advocate for Petitioner (in W.P. No. 29533 of 2015). Mr. Ch. Muhammad Yousaf and Shahid Rafiq May
SHOUKAT ALI
VS
ELECTION COMMISSIONER, DISTRICT KASUR AND others--RespondentS
Law: Punjab Local Government (Conduct of Elections) Rules, 2013
Section: 12(2)
Law: Punjab Local Government Act, 2013
Section: 27
Law: Constitution of Pakistan, 1973
Section: 199
Punjab Local Government (Conduct of Elections) Rules, 2013---.--- ---.---R. 12(2)---.---Punjab Local Government Act, 2013, S. 27---.---Constitution of Pakistan, 1973, Art. 199---.---Constitutional petition---.---Nomination papers for election of local government, rejected---.---Proposers or seconders were not voters of relevant ward---.---Qualifications for candidates and elected membeRs. does not contain any embargo or proposal or secondment---.---Union council and ward---.---Significance---.---Validity---.---Returning officers and then appellate authorities also fell in error while not appreciating real spirit and legislative intent in providing at least two entities in which either of any one can be adopted to adjudge qualification of proposer or seconder to hold such valid position on showing their inclusion as voters in union council or ward and thus rejection of nomination papers of petitioners was an act which was not supported by any law and therefore, was not sustainable---.---Petitions were allowed. Punjab Local Government (Conduct of Elections) Rules, 2015---.--- ---.---R. 12(2)---.---Principle of interpretation---.---Union Council and Ward---.---Validity---.---Word "Union Council" and "Ward" are used separately providing two different bodies or entities for proposers and seconders of any duly qualified person as to his candidature for his election to office of member or as case may be, chairman and vice-chairman of a union council. THIS ORDER PASSED BY: IBAD-UR-REHMAN LODHI, JUSTICE:---.--- Through this judgment, this Constitutional petition as also following petitions:---.--- 1. Writ Petition No. 29442 of 2015 2. Writ Petition No. 29533 of 2015 3. Writ Petition No. 29534 of 2015 4. Writ Petition No. 29576 of 2015. 5. Writ Petition No. 29619 of 2015 6. Writ Petition No. 29638 of 2015 7. Writ Petition No. 29678 of 2015 8. Writ Petition No. 29737 of 2015. are to be disposed of together, as common question of law and facts is involved in all these matters. 2. In all the petitions, nomination papers of all the duly qualified persons/candidates were rejected only on the ground that, their proposers or secondeRs. were not the voters of the relevant Wards…
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