| Citation(s) |
|---|
| 2016 SLG 3184 2016 SLD 3184 2016 MLD 1177 |
Lahore High Court
W.P. No. 8733 of 2015, decided on 25th November, 2015.
ZAFARULLAH KHAN KHAKWANI, JUSTICE
Jam Muhammad Afzal Gasoora and Syed Jamil Anwar Bokhari, for Petitioner. Ch. Abdul Jabbar, Standing Counsel for Federation with Muhammad Afzal, Distt. Election Commissioner and Shoaib Ashraf A.R.O. for
Respondents
W.P. No. 8733 of 2015, decided on 25th November, 2015.
ZAFARULLAH KHAN KHAKWANI, JUSTICE
Jam Muhammad Afzal Gasoora and Syed Jamil Anwar Bokhari, for Petitioner. Ch. Abdul Jabbar, Standing Counsel for Federation with Muhammad Afzal, Distt. Election Commissioner and Shoaib Ashraf A.R.O. for
Respondents
MUHAMMAD AJMAL - er
VS
DISTRICT RETURNING OFFICER and OTHERS --Respondent
Law:
Section:
(a) Punjab Local Government (Conduct of Elections) Rules, 2013 --------- ----------Rr. 17, 12, 14, 2 (g), 2 (y) & 2 (z), Form-VII --------- Death of a contesting candidate --------- Election proceedings, termination of --------- Scope --------- Candidate died and an application was submitted for termination of election proceedings but same was dismissed by the Returning Officer --------- Validity --------- Candidate would become a validly nominated candidate on acceptance of his nomination papers and he would remain nominated candidate till passing of day of withdrawal of nomination papers --------- Candidate could withdraw his nomination paper till final day fixed for withdrawal of his candidature --------- If nomination papers were not withdrawn and symbol was allocated to contest the election and Form-VII was prepared then candidate would be termed as contesting candidate --------- If any contesting candidate died before the day fixed for polls after issuance of Form-VII (through which symbols were allocated) then proceedings with regard to election should be terminated by the Returning Officer --------- Candidate, in the present case, died on 24-10-2015 whereas list of contesting candidates on Form-VII was prepared on 7-11-2015 --------- Present case did not fall within the category of contesting candidates --------- Returning Officer had rightly dismissed the application for termination of election proceedings --------- No illegality or irregularity was pointed out in the impugned order --------- Constitutional petition was dismissed in circumstances. (b) Punjab Local Government (Conduct of Elections) Rules, 2013 --------- ----------Rr. 2 (g), 2 (y), 2 (z) & 17, Form VII --------- Contesting candidate --------- Scope --------- If nomination papers were not withdrawn and symbol was allocated to contest the election and Form VII was prepared then candidate would be termed as contesting candidate. THIS ORDER PASSED BY: ZAFARULLAH KHAN KHAKWANI, JUSTICE:---------- Through this Constitutional petition, Muhammad Ajmal, petitioner seeks a direction to respondent-Returning Officer to terminate proceedings relating to election for Ward No 4 of Union Council…
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