Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)-------S. 152---Punjab Local Government Elections Rules, 2005, Rr. 14 & 65---Election of Nazim and Naib Nazim---Annulment of election of returned candidate for seat' of Nazim by Election Tribunal on account of educational disqualification-Holding of election to seat of Nazim alone---Validity---On a seat becoming vacant on account of such disqualification, then such disqualification not being notorious, fresh elections had to be held for both seats together i.e., Nazim and Naib Nazim---Such mandate of law had already been given effect to as elections of both seats had taken place. Mian Ahmad Saeed and others v. Election Tribunal for Kasur at Okara and 7 others 2003 SCMR 1611 ref. Ch. Abdul Ghaffar, Advocate Supreme Court for Petitioner. Nemo for Respondents. ORDER TASSADUQ HUSSAIN JILLANI, J.---Submits that petitioner along with respondent Nasrullah contested the elections for Nazim and Naib Nazim respectively; that respondents Nos. 4 and 5 were declared as returned candidates, that on an election petition filed by petitioner and respondent No. 3, the Election Tribunal annulled the election of respondent No. 4 as Nazim on the ground that he was disqualified to contest; that as the candidature was joint the said judgment was violative of the principle of sinker laid down by this court in Mian Ahmad Saeed and others v. Election Tribunal for Kasur at Okara and 7 others (2003 SCMR 1611) it challenged by the, petitioner in writ petition which was allowed by a learned Single Judge vide the judgment dated 8-10-2008 and having declared the election of respondents Nos. 4 and 5 as void, since petitioner and respondent No. 3 had obtained the next highest votes then were declared as returned Nazim and Naib Nazim; that the said judgment was challenged by respondent No.3 by one Muhammad Ilyas (respondent No. 2) in Intra Court Appeal which was allowed by a learned Division Bench of the Lahore High Court vide the impugned judgment dated 3-12-2008. 2. Learned counsel for the petitioner seeks leave on the ground that the Intra Court Appeal was not maintainable and therefore, the impugned judgment cannot be sustained. He further…

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