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The nomination papers filed by the petitioner to contest By-Elections for the constituency PP-141, Lahore-V were accepted by the Returning Officer but later on application of the petitioner under section 17 of "The Representation of the People Act, 1976" seeking permission to retire from the Elections was dismissed by the Returning Officer vide order, dated 23-6-2008 and through this constitutional petition legality of the said order has been challenged on the grounds that the concerned Returning Officer has erroneously assumed that the application was filed after the time limit fixed by the statute for doing the needful. Learned counsel submits that the petitioner had approached the Returning Officer on 21-6-2008 but due to non-availability of concerned Returning Officer petitioner failed to submit the application. Further submits that on 22-3-6-2008 it was Sunday and the office of the Returning Officer was closed and that finally on 23-6-2008 he moved application before the Returning Officer but the same was dismissed. Learned counsel submits that in the circumstances petitioner could not be saddled with the responsibility of moving application after the expiry of time limit fixed by the statute.   Learned law officer who entered appearance on Court's call has no objection to permit the petitioner to entire from the contest of election.   2. Heard. File perused.   Section 17 of `"The Representation of the People Act, 1976" reads as under:--   "Retirement from election, etc.---(1) A contesting candidate may retire from the contest by a notice on writing signed by him and delivered to the Returning Officer on any day not later than four days before the polling day either by such candidate in person or by an agent authorized in this behalf in writing by such candidate.   (2) No person who has given a notice of retirement under sub-section (1) shall be allowed to cancel the notice.   (31) The Returning Officer shall upon receiving a notice of retirement under subsection (1) cause a…