Law:

Section:

(a) Punjab Local Councils (Election Petition) Rules, 1979- Rr. 4 & 14-Ejection petition-Contesting candidate's right-Every contesting candidate, held, entitled of right to be joined as respondent in election petition and to claim in reply to election petition to be declared elected. Muhammad Ashraf's case P L D 1980 Lah. 311 ref. (h) Punjab Local Councils (Election Petition) Rules, 1979 Rr. 4 & 14-Election, assailing of-Contesting candidate not filing election petition of his own yet, held, can be allowed to assail election of a person declared duly elected either before Election Tribunal or High Court subject to exceptions regulating exercise-, of constitutional jurisdiction of High Court. (c) Constitution of Pakistan (1973)- Art. 199-Finding of fact-Finding of fact given without hearing parties involved, held, not binding on person not heard.-[Finding of fact]. (d) Punjab Local Councils (Election) Rules, 1979- Rr. 30 & 9-Retirement from contest-Candidate failing to produce his ballot boxes before Presiding Officer, held, deemed to have retired from contest and cannot be described as a contesting candidate Failure to implead such retired candidate does not attract provisions of r. 9 in circumstances. (e) Civil Procedure Code (V of 1908)- O.I, r. 10 read with S. 153--Election Tribunal-Civil Court Election Tribunal, held, possessed of powers of a civil Court and can allow addition of parties and omission to implead a respondent can be rectified by Election Tribunal subject to other law. applicable.[Court]. Muhammad Yaqoob v. Chairman Election, Tribunal P L D 1976. S C 625 fol. (f ) Civil Procedure Code (V of 1908)-. S. 96-Impugning an order-No principle of law debars a person from impugning an order to which he is not a party and in fact a reference to S. 96 of C. P. C. shows that even where an ex parts decree passed, -debtor permitted ,to file an, appeal against it.-[Decree]. Montgomery Flour & General Mills v. Director, Food P L D 1957 Lah. 914 and Shamim Textile Mills v. Republic of Pakistan P L D 1972 Lah. 572 ref. (g) Constitution of Pakistan (1973)- Art. 199-High Court-Duty-Where a petitioner establishes that order of a subordinate forum…

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