Law:

Section:

Punjab Local Government Act (XVIII of 2013)--- ----S. 27---Election for the seat of Chairman/Vice-Chairman Union Council--- Transfer of vote from one Union Council to another---Effect---Election petition was allowed on the ground that returned candidate had transferred his vote to the concerned Union Council fraudulently---Validity---Application Form for transfer of vote did not carry any cutting or overwriting---Said application was accepted by the concerned authority accordingly---Vote of returned candidate was transferred and included in the voter's list of concerned Union Council---No objection was raised to the nomination papers filed by the returned candidate---Election Tribunal could not look into the aspect of transfer of vote which was the matter to be dealt with before announcement of election schedule and not thereafter---Transfer of vote was not a ground for disqualification of a returned candidate who before announcement of election schedule got transferred his vote to a particular constituency---Election Tribunal had incorrectly and illegally disqualified the returned candidate from being Chairman of the Union Council---Impugned was against law which was set aside and election petition was dismissed---Election appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, J.--- Brief facts of the case are that the appellants and respondents Nos.1 to 6 participated in the election of Chairman/Vice-Chairman of Union Council No.36 Veeram Tehsil and District Kasur (hereinafter called "the U.C.") wherein the appellants were declared returned candidates. Respondents Nos.1 and 2 challenged the said election by filing election petition raising different allegations. The appellants contested the same by filing written reply. Issues were framed. After recording evidence of the parties, learned Election Tribunal allowed the election petition vide order dated 16.03.2017. Hence this election appeal has been filed by the returned candidates Sardar Liaquat Ali Dogar and another. 2. Arguments heard. Record perused. 3. After lengthy arguments, the parties have confined themselves to one point as to whether the vote of appellant No.1 was lawfully…

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