Law: Punjab Local Government Ordinance, 1979

Section: 20

  Punjab Local Government Ordinance (VI of 1979)--- ----S. 20(b)---Terms "right to vote" and "right to contest election" not synonymous---Qualifying age to contest Local Council elections---Returned candidate's election to Local Council was quashed by Election Tribunal on the ground that he was below the qualifying age of twenty-five (25) years at the time of filing of nomination papers---Validity---Returned candidate did not contest his actual age at the time of filing of nomination papers; his plea was that his age having been recorded above twenty-five years in the electoral roll, Election Tribunal was precluded to go behind it---Entry respecting age of a voter in the electoral roll was final on right to vote only but did not foreclose inquiry respecting qualifying age to be elected to and to be a member of Local Council by the Election Tribunal. A right to vote and a right to contest election were not synonymous. Both rights had different connotation. Right to contest and be a member of an Elective Body is regulated by statutory qualifications and disqualifications. Right to cast vote is a statutory right and is regulated by Statute granting it. Entry respecting age of a voter in the electoral roll was final on right to vote only and did not foreclose inquiry respecting qualifying age to be elected to and be a member of Local Council by the Election Tribunal. Even the decision of a Returning Officer given in scrutiny on nomination papers did not bind the Election Tribunal for an independent inquiry in the election petition on the question of age of a candidate. Therefore, it was wholly inaccurate to plead ouster of jurisdiction of the Election Tribunal to examine and finally pronounce upon the disqualification on account of less age of a candidate for deciding of the election petition. Election Tribunal had full authority and jurisdiction to examine and decide the question about the age of the petitioner at the time of filing of nomination papers by him for determination of his true eligibility to be elected to the membership of Union Council. PLD 1968 SC 235 ref.     Punjab Local Government Ordinance (VI of 1979)---…