Law: Cantonments (Amendment) Ordinance, 2015

Section: 17(2)

Law: Cantonments Ordinance, 2002

Section: 60

Cantonments Local Government (Election) Rules, 2015--- ----R.17(2)---Cantonments Ordinance (CXXXVII of 2002), S.60---Election dispute---Substantial defect---Electoral roll, absence of name---Petitioner was candidate for local bodies elections and was aggrieved of order passed by Election Appellate Authority to transfer vote of respondent from other ward to the ward in question---Validity---Respondent was suffering with ‘defect of substantial nature’, so he could not be allowed to contest election from the ward in question---Appellate Authority adopted a weird and queer procedure and despite observing that respondent was not registered voter in ward in question directed Election Commission for shifting /transfer of his nomination papers thereafter--- High Court set aside order passed by Appellate Authority as the same was beyond his mandate and scope---Constitutional petition was allowed, in circumstances. Nadeem Shafi v. Tariq Shuja Butt and others PLD 2016 SC 944 rel. Haseeb Shakoor Paracha and Malik Saqib Mehmood Khalid along with Muhammad Arshad, Director General (Law), Election Commission of Pakistan and Rai Sultan JUDGMENT MIRZA VIQAS RAUF, J.----This single judgment shall govern instant petition (Writ Petition No.2543 of 2021) and Writ Petition No.2542 of 2021 as in the former annulment of order dated 06th August, 2021 passed by respondent No.1 is solicited whereas in the latter order dated 11th August, 2021 passed by respondent No.2 has been challenged, which stems from the proceedings conducted in terms of order under challenge in the former petition. 2. Facts in brief necessary for adjudication of instant petition are that Malik Abdul Rauf, respondent No.3 (hereinafter referred as ‘respondent’) who is petitioner in the connected petition filed his nomination papers to contest election from Ward No.6 Cantonment Board, Rawalpindi on the general seat. The nomination papers were rejected during scrutiny by Returning Officer vide order dated 03rd August, 2021. Being aggrieved ‘respondent’ preferred an appeal before respondent No.1, which was accepted through order dated 06th August, 2021, impugned herein. 3. In the connected petition grievance of…

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