Law: Punjab Local Government Ordinance, 1979

Section: 17

  Punjab Local Government Ordinance (VI of 1979)-- ---S. 17---Election of a Local Council---Jurisdiction of Election Authority--Extent---Election Authority has jurisdiction under provisions of S.17(1) of Ordinance VI of 1979, in respect of pre-election dispute---Where election had been held, dispute in respect of anything relating to an election could be called in question before the Election Tribunal by election petition. [pp. 75,76,781A,B & C James Ilyas Masih v. Punjab Local Councils Election Authority, Lahore and others 1981 SCMR 919; Punjab Local Councils Election Authorit<j, Lahore v. Malik Muhammad Aslam and another 1982 SCMR 1086; Ali Ahmad v. The Election Authority Punjab Local Government and 2 others PLD 1983 Lah. 488; Emmanual Masih v. The Punjab Local Councils Election Authority and others 1985 SCMR 729 and Malik Muhammad Aslam's case 1982 SCMR 108 ref. Punjab Local Government Ordinance (VI of 1979)- ---S. 17---Non-notification of election result---Effect. Mere existence of a provision for notification is a wholly insufficient basis for saying that the absence of a notification will stand in the way of the person whose office is to be notified. There are some provisions which simply cast a duty on the executive Government to notify the holder of an office and have no further effect. Unless there be something in the language of a statute which shows that the person concerned will not commence to hold an office till there is a notification in the Gazette, a provision for a notification should not be interpreted as a condition precedent to the holding of an office. Manzurul-ul-Haq v. Controlling Authority PLD 1963 SC 652 rel. Punjab Local Government Ordinance (VI of 1979)- ---S. 17---Jurisdiction of Election Authority---Matters excluded. What is excluded from the jurisdiction of the Election Authority is anything relating to an election which can be challenged by means of an election petition before an Election Tribunal; and not necessarily straightaway. The test, therefore, is whether the matter raised before the learned Election Authority was a matter relating to an election, which can be called in question before the Election…