Law: Punjab Local Government Ordinance, 1979

Section: 21(h)

Keywords: Contract, Commission, Set Aside, Execution, Legal Position, Change, Notice, Division, Illegal, Failure, Determination, Constitution Of Pakistan, Union Council, Government, Nomination, Conditions, High Court, Office, Order, Question Of Fact, Disqualification, Violation, Parties, Constitution, Impugned Order, Grounds, Proclamation, Petitioner, Federal Government, Provisions, Jurisdiction, Registered, Constitutional Jurisdiction, Exception, Without Notice, Election Commission, Petition, Goods, Consideration, Fresh Election, Election Petition, Pecuniary Interest, Holders, Provincial Assembly, Distribution, Practice, Elected Candidate Result: K. ORDER Three persons were declared elected in the last elections held under the Punjab Local Government Ordinance, 1979, from the multiple member electoral unit, i. e. Baragawa and Seri Ghanial of Union Council Janjial, Tehsil Jhelum. They are Muhammad Walayat, respondent No. 3, Sakhi Muhammad petitioner and Sarwar Khan, respondent No. 6. Amir Muhammad Khan (respondent No. 2) moved an election petition before the Tribunal challenging the election of Muhammad Walayat on the ground that he suffered from a disqualification for contesting the elections on account of his being a ration depot-holder at Baragawa. The other elected persons were also made parties before the Tribunal. Since it was conceded before the Tribunal that Muhammad Walayat was a depot-bolder and as such suffered from a disqualification, the Tribunal felt that the only question which required consideration was whether the election as a whole or only the election as regards Muhammad Walayat was to be declared void. The Tribunal relying on Amanullah and another v. Election Tribunal, Gujranwala and another (P L D 1961 Lah. 907), declared, by its impugned order dated 28-1-1980, the entire election to be void. 2. Learned counsel for the petitioner did not question the fact that Muhammad Walayat was a depot-holder but contended that the same did not amount to a disqualification for the purposes of the local council elections. He, therefore, urged that the concession of Muhammad Walayat on this point made before the Tribunal would not change the legal…

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