Law:

Section:

(a) Punjab Local Government Act (XVIII of 2013) --------- ----------S. 2 --------- Punjab Local Government (Conduct of Elections) Rules, 2013 --------- Provincial Insolvency Act (V of 1920), S.73 --------- Disqualification of candidate on ground of insolvency --------- Scope --------- No definition of terms "undischarged insolvent" had been given in Punjab Local Government Act, 2013 or Local Government (Conduct of Elections) Rules, 2013, however, Provincial Insolvency Act, 1920 was the appropriate legislation to deal with insolvency of a subject --------- According to S. 73 of Provincial Insolvency Act, 1920 an order of insolvency was considered to be a disqualification to hold certain elected offices, however, an order for "discharge" restored the original status of an insolvent --------- High Court observed that it could be safely concluded that Provincial Insolvency Act, 1920 was a complete code and determination of all questions including the questions whether a person was insolvent or not and whether an insolvent can be discharged or not and subject to what conditions --------- Such questions could only be decided by court constituted under Provincial Insolvency Act, 1920. (b) Local Government (Conduct of Elections) Rules, 2013 --------- ----------Provincial Insolvency Act (V of 1920), S.7 --------- Insolvency --------- Contesting of local government elections --------- Declaration that a person was "insolvent" --------- Scope --------- Neither respondent/Bank ever presented any insolvency petition before competent court as required under S. 7 of Provincial Insolvency Act, 1920 nor the petitioner was adjudged as "undischarged insolvent" by a court of competent jurisdiction, therefore, Authority was not justified in rejecting nomination papers of petitioner for local government elections on such account. Thampanoor Ravi v. Charupara Ravi and others AIR 1999 SC 3309 and Ch. Tanvir Khan v. President, Cantt. Board, Rawalpindi and 2 others 1999 MLD 721 rel. (c) Punjab Local Government Act (XVIII of 2013) --------- ----------S. 27 --------- Provincial Insolvency Act (V of 1920), S.7 --------- Sale of Goods Act (III of 1930), S.2(8) --------- "Insolvent",…

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