Law: Punjab Local Government Ordinance, 1979

Section: 24

Law: Constitution of Pakistan, 1973

Section:

Punjab Local Government Ordinance (VI of 1979)--- ---S. 24---Punjab Local Councils (Election Petitions) Rules, 1979, Rr.8(1)(4) & 10---Civil Procedure Code (V of 1908). OVI. R.17---Election petition---Amendment of written reply---Provisions of Civil Procedure Code are applicable in case of Election petition before Tribunal---1n absence of any provision either in Ordinance or Rules, prohibitory amendment in written reply to Election petition expressly or impliedly same could be allowed at any stage of proceedings before Tribunal, where it was necessary for determining real question of controversy between the parties. Executive Engineer 5th Provincial Buildings Division, Lahore and others v. Messrs Combined Traders, Lahore 1980 SCMR 961; Muhammad Rafiq v. Arif Ali and another 1983 CLC 1683; Mst. Wazir Begum v. Mst. Sardar Begum and 7 others 1979 CLC 72; Syed Akhlaque Hussain and another v. Water and Power Development Authority, Lahore 1977 SCMR 284; Mst. Zubcda Begum and another v. Wali Muhammad Khan and 2 others 1974 SCMR 181 and Muhammad Sulaiman and another v. Javed Iqbal and others PLD 1982 SC (AJ&K) 64 ref. Constitution of Pakistan (1973)---   ---Art.  199---Constitutional  jurisdiction,  exercise of---Tribunal having failed to exercise jurisdiction vesting in it and other grounds taken by Tribunal in dismissing application of petitioner being not tenable in law, order passed by Tribunal was set aside by High Court in exercise of Constitutional jurisdiction. Ch. Arshad Mahmood for Petitioner. Talib H. Rizvi for Respondent No.l. Nemo for Respondent No.2. Date of hearing: 8th December, 1984. JUDGMENT LEHRASAP KHAN, J.--Malik Muhammad Shafi, the petitioner herein, and Malik Farzand Ali respondent No.1, hereinafter referred to as the respondent, contested Local Councils Election held in October, 1983, from Ward No.5 of Union Council Sheikhum, Tchsii Chunian, District Kasur. As a result of the poll, the petitioner was declared elected. The respondent challenged the election of the petitioner by filing an election petition .before the Election Tribunal, under section 24 of the Punjab Local Government Ordinance, 1979. The election was…