Law: Punjab Local Government Ordinance, 1979

Section: 21(e) , 24 , 3

Punjab Local Government Ordinance (VI of 1979)--- -----------Ss. 21(e) & 24- Law Reforms Ordinance (XII of 1972), S,3-------- ---Election     petition---Disqualification     of     candidate     and                      member ---Intra-Court Appeal-- Declaration of next candidate as returned candidate -Validity---Appellant who was declared returned candidate, was disqualified by Election Tribunal to be a member ' of Local Council and next candidate was declared as returned candidate---Such order of Election Tribunal was upheld by High Court ------Validity ---Person who had been a Branch Manager of Bank left his service and two years had not yet elapsed since he ceased to be in Government service-- Such person was disqualified from being a candidate and a member under cl.(e) of S.21 of Punjab Local Government Ordinance, 1979---Whole election, in circumstances, was void as votes cast in favour of candidate ,would not be deemed to have been thrown away nor disqualification of candidate would be considered to be notorious---Declaring next candidate as a returned candidate by Election Tribunal and the High Court was also not legal---Whole election of electoral unit concerned was declared to be void by High Court in Intra-Court Appeal with direction that election be held afresh in accordance with law. Inayatullah v. Mian Ghulam Ahmad and others PLD 1984 SC 369; Sabiruddin v. Mushtaq Hussain Bhatti and 2 others PLD 1993 SC 412; Subedar (Retd.) Syed Alam v. Assistant Commissioner/R.C. and others PLD 1984 Jour. 103; Ansar Ishaq v. Returning Officer/A.D.C.(G), District Rawalpindi and 5 others Writ Petition No. 1142 of 1998/RWP; Ghulam. Mustafa Khairati v. Federation of Pakistan and another 1998 SCMR 1603; Inayatullah v. Mian Ghulam Ahmad and 2 others 1984 CLC 3120; PLD [1984 SC 369; Mir Atta Muhammad v. Sh. Ashiq Hussain and 2 others PLD 1957 Lah. 733; Thellakula Jalayya v. Namana Venkateswara Rao and others AIR 1957 Andh. Pra. 658; Rashid Ahmad Rahmani v. Mirza Barkat Ali and 2…