Law:

Section:

Electoral Rolls Act (XXI of 1974) ---S 18 Entry of age in Electoral Roll Held, finality does not attach to such entry for purpose of determining eligibility of a candidate to stand for election to a Local Council. Muhammad Tufail v. Muhammad Salim and others P L D 1967 Kar 104 and Sairajul Islam Khan v Ahsan Ali Mondal and others P L D 1969 S C 5 ref. ORDER ANWARUL HAQ, C. J. After hearing the learned counsel for the parties we have decided to convert this petition into an appeal, and dispose it of accordingly. Appellant Riaz Mahmood Khan Mazari and respondent Mureed Hussain Shah filed nomination papers for election to the District Council. Dera Ghazi Khan from electoral unit No. 5. The last date for filing these papers was 12 9 1979, and they were scrutinised on the 14th of September, 1979. The nomination papers of the appellant were rejected by the Returning Officer on the ground that he was below 25 years of age on the 12th of September, 1979, which was the relevant date in terms of section 20 of the Punjab Local Government Ordinance, 1979. In coming to this conclusion the Returning Officer relied on the age of the appellant as entered in two electoral rolls, one relating to Mauza Rojhan in which he was shown to be 23 years of age and the other relating to Mauza Katcha Paru Shah in which he was shown to be 24 years of age. The appellant thereupon filed two applications under section 18 of the Electoral Rolls Act, 1974, before the Registration Officer; one praying for the deletion of his name from the electoral roll of Mauza Rojhan, and second for the correction of his age as entered in electoral roll relating to Mauza Katcha Paru Shah. Both these applications were allowed by the Ragistration Officer on the 16th September, 1979, and in the electoral roll for Mauza Katcha Paru Shah the appellant's age was corrected so as to read as 25 years on 1 1 1979. Armed with this amended entry in the electoral roll, the appellant then filed an appeal under rule 16 of the Punjab Local Councils (Election Petitions) Rules, 1979. which was accepted by the Deputy Commissioner of the district on the 18th of September, 1979, in his capacity as the appellate authority. While…

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