Law: Government of India Act, 1935

Section: 223A

Law: Punjab Municipal Election Rules, 1952

Section: 40(3),67

Government of India Act, 1935, S. 223-A-Municipal election-Election petitions pending-Simultaneous separate enquiry ordered by Government-Illegal-Mandamus issued ­Punjab Municipal Election Rules, 1952, Rules 40 (3) and 67. The two rival candidates in a Municipal election preferred under Rule 40 (3), Punjab Election Rules, 1952, their respective election petitions which were, pending when the defeated candidate moved Government for an inquiry into the election under Rule 67. Government ordered an inquiry and appointed an inquiry officer. Held, that the Government acted against the principles of natural justice and also in contravention of the only reasonable interpretation of the Rules, in appointing an inquiry officer and attempting to short-circuit the proceedings of the Election Commission. Further, that an inquiry under rule 67 should only be resorted to if, for one reason or another, an election petition cannot achieve the desired object and that in the present case the order of Government was misconceived. The scheme of the Rules is that an inquiry under Rule 67 should be ordered only in exceptional cases in the absence of an election petition, in the public interest, if credible information reaches the Government, justifying a probe into the circumstances of an election. The power is of the nature of a residuary power not to be lightly invoked. Writ of mandamus was ordered to be issued to Govern­ment. JUDGMENT ORTCHESON, J.-The petitioner in this case, Mr. Abdul Latif, who describes himself as a member of the Municipal Committee, Shujabad, District Multan, has applied for the issue of appropriate writs against (1) Mr. M. R. Inayat Assistant to the Commissioner, Development, Government of West Pakistan, Multan Division, in his capacity of enquiry officer appointed under rule 67 of the Punjab Municipal Election Rules, 1952, (hereinafter referred to as the Rules), (2) the Province of West Pakistan through the Secretary Local Government and Welfare, Government of West Pakistan, Lahore, and (3) Abdul Shakoor, son of Hussaina, of Shujabad. The facts as narrated in the petition briefly are that the petitioner and respondent No. 3 were rival candidates in ward…

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