Law: Punjab Local Government Ordinance, 1979

Section: 24

Punjab Local Government Ordinance (VI of 1979)- ----S. 24---Punjab Local Government (Election) Rules, 1979, Rr.10,. 38'& 58-Constitution of Pakistan (1973), Art.199---Disputes arising out of election must be raised before Election Tribunal and not before any other Court even at intermediary stage---Constitutional petition filed by candidate to challenge notification announcing schedule for holding election of Chairman Town Committee would not be maintainable in circumstances. Election Commission, of Pakistan v. Javaid Hashmi. P L D 1989 SC .396 ref. Masud Ahmad Khan for Petitioner: Muhammad Jaffar Hashmi for Respondent- No.3. JUDGMENT MUHAMMAD. MUNIR K1lAN, J.----By filing this Constitutional petition Syed Abdul Aziz Ghaznavi prays that Notification No. EAP-4(1)/9, dated 21-2-1991;; issued by Secretary, Punjab Local Councils Election Authority, Lahore, respondent No. 1, wherein besides other local councils schedules for holding the election of Chairman of Town Committee Sadiq Ganj was notified, be declared to be without lawful authority and of no legal effect. According to the schedule given in impugned Notification for the election of Chairman of the aforesaid Town Committee, the Returning Officer invited Nomination papers by 2-3-1991 whereupon Syed Abdul Aziz Ghaznavi, petitioner, and Muhammad Qasim, respondent No.3 who are sitting councillors of Town Committee Mandi Sadiq Ganj, filed their nomination papers for Chairmanship. Assistant Commissioner, Minchinabad, on 3-3-1991 rejected the nomination papers of respondent No3 who filed an appeal before A.D.C.(G), Bahawalpur, which was accepted vide his order, dated 6-3-1991. Feeling aggrieved of this order the petitioner has field instant writ petition. Parawise comments from respondent No.2 were called for today with the direction that election be held as already arranged but its result shall not be notified till further   orders. Learned counsel appearing for the petitioner argued that the impugned notification, dated 21-2-1991, giving schedule of election of Chairman/Vice chairman of various local councils in Punjab (including election of Chairman of Town Committee Mandi Sadiq Ganj) is violative…