Law:

Section:

( a) Punjab Local Government (Election) Rules, 1979- - R. 16-Appellate authority-Appointment of-Election Authority not empowered to authorise an officer other than Deputy Commissioner to act as Appellate Authority-Circumstances under which another officer can 'be appointed as Appellate Authority-To be decided by Election Authority-Words "any other officer," in r. 16-Mean Officer from - Executive or Judicial side as case may be--Parties to dispute agreeing, during arguments before Election Authority, to appointment of District Judge, as Appellate Authority-Party never raising any objection with regard to his jurisdiction to decide matter and standing by allowing District Judge to proceed with. matter Meld, cannot challenge validity of orders passed by Election Authority as well as District Judge as Appellate Authority.-[Words and phrases]. (b) Constitution- of Pakistan (1973)- Art. 199 read with Punjab Local Councils (Election) Rules, 1979 r. 16-Conclusion arrived at by Appellate Authority based upon due appraisal of evidence produced before it-Held, cannot be interfered with by re-appraisal of such evidence in writ proceedings. Sadiq Hussain Qureshi v. Federation of Pakistan, Rawalpindi and 2 others P L D 1979 Lab. 1 rel. ORDER The petitioner, Riaz Mahmood Khan Mazari submitted his nomination papers for contesting election to the office of Member, District Council from Ward No. 5, D. G. Khan on 12th of September 1979, Respondent No. 5, Mureed Hussain Shah also submitted his nomination papers from the same ward. They both objected to the maintainability of the nomination papers of each other. The nomination papers of respondent No. 5 were, however, accepted by the Returning Officer while the nomination papers of the petitioner were rejected on the ground of being under the age of 25 years. 2. This order of the Returning Officer was challenged in appeal before the Appellate Authority/Deputy Commissioner, D. G. Khan, who accepted the same and held the nomination papers of the petitioner to be valid on 18th of September 1979. This order passed in appeal was challenged by respondent No. 5 in Writ Petition No. 5081 of 1979 in the High Court, which was accepted by my…

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