Law: Punjab Local Government Act, 2013

Section: 28,28(1)(2),34,34(2)

Law: Constitution of Pakistan, 1973

Section: 62,63

Law: Punjab Local Government (Resignation) Rules, 2016

Section: R.3(1)(2)

Punjab Local Government Act (XVIII of 2013)--- ----Ss. 28 & 34---Punjab Local Government (Resignation) Rules, 2016, R. 3(1) & (2)---Resignation, by Chairman, Union Council withdrawal of---Effect---Petitioners submitted their resignations from Chairmanship of their respective Union Councils so as to enable them to contest general elections---Plea raised by petitioners was that prior to acceptance of their resignations, they could withdraw their resignations---Validity---If petitioners had not submitted resignations, their nomination papers for contesting general elections would not have been accepted; after they were unsuccessful in general elections petitioners wanted to retain their seats as Chairman of Union Council by withdrawing their resignations---Resignations were submitted prior to acceptance of their nomination papers by Returning Officer for general elections---Local Government was to forward copies of resignations to Election Commission of Pakistan and government for necessary action accordingly---High Court declined to interfere in the matter as there was no legal or jurisdictional infirmity in order passed by Election Commission of Pakistan holding that resignation once tendered by Chairman of a Union Council could not be withdrawn and had become effective there and then due to deeming clause contained in S. 34(2) of Punjab Local Government Act, 2013---Constitutional petition was dismissed in circumstances. Election Appeal No.6/2018; Fozia Khalid v. Election Appellate Tribunal; Civil Petition No.2044-L/2018; Sunbiz Private Limited v. Federation of Pakistan through Secretary, Ministry of Information 2018 YLR 1785; Young v. Bristol Aeroplane Co. LTD. Lord Greene, M.R. [1944] 2 ALL ER 293; Province of the Punjab v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351; The State v. Haji Nasim-ur-Rehman PLD 2005 SC 270; Halsbury's Laws of England Fourth Edition Volume 26 in paragraph 577-578; Nirmal Jeet Kaur v. State of M.P. (2004) 7 SC 588; Dilawar Hussain v. District Coordination Officer, Okara 2004 CLC 324; Multan Electric Power Supply Company Ltd. through its Chief Executive v. Muhammad Ashiq and others PLD 2006 SC 328; Mian Muhammad Rashid Qadri…

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