Law: Punjab Local Government (Conduct of Elections) Rules, 2013

Section: R.14

Law: Punjab Local Government Act, 2013

Section: 38,42

(a) Interpretation of statutes--- ----Rules or Regulations made under a statute---Such enactments which were the progeny or offspring of a statute were to be strictly interpreted in conformity with the provisions of the statute whereunder same were framed---Rules framed under a statute were to remain within the precincts of the statute itself and could not transgress the limits and parameters of the parent statute---All efforts were to be made to interpret the rules so as to bring them in conformity, without injuring the intent and spirit of the statute, however where it was not possible then the rules as much as they injured the very intent and spirit of the statute must yield to the statute. National Electric Power Regulatory Authority v. Faisalabad Electric Supply Company Limited 2016 SCMR 550 rel. (b) Interpretation of statutes--- ----Rules framed under a statute---Scope---Operation of a statute or any statutory provision was not dependent upon framing of the Rules---Absence of Rules might affect the enforceability or operation of the statute---Framing of Rules would be generally relevant for determining as to whether the power under the statute had been exercised properly or not, but the existence of Rules could neither save nor destroy the constitutional validity of the statute. Shahid Pervaiz v. Ejaz Ahmad and others 2017 SCMR 206 rel. (c) Interpretation of statutes--- ----Purposive and harmonious construction---Scope---While interpreting the law, all possible efforts were to be made to apply and adhere to the rules of purposive and harmonious construction, so that the alleged conflicting provisions should be reconciled and saved. Waqar Zafar Bakhtawari and 6 others v. Haji Mazhar Hussain Shah and others PLD 2018 SC 81 rel. (d) Punjab Local Governments (Conduct of Elections) Rules, 2013--- ----R. 14---Punjab Local Government Act (XVIII of 2013), Ss.38 & 42---Nomination papers, scrutiny of---Election petition---Objection not raised at the time of scrutiny of nomination papers---Effect---Plea of appellants was that objection relating to disqualification could not be raised at the stage of election petition after declaration of result when the same was…

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