Law:

Section:

(a) Punjab Local Councils Ordinance (IV of 1979).--- Ss. 17 & 24 read with Punjab Local Councils (Election Petition) Rules, 1979, rr. 13 & 41-Jurisdiction-Election Authority created to see fairness, impartiality, and honesty in conduct of elections-Interpreta­tion placed by High Court on Sub-Ss. (1) & (2) of S. 17 ousting juris­diction of appellant Election Authority to take any remedial action until after result of poll notified-Defeats mandate of law given in S. 17(1) requiring Election Authority to see election conducted honestly, justly and fairly and in accordance with provisions of Ordinance and Rules-­Election Authority on such interpretation ceases to have jurisdiction in conduct of elections and all illegalities and irregularities committed during course of elections no longer remain amenable to correction by such Authority-Held; Irregularities, violation of law and other election malpractices impairing honesty and fairness of elections-­Could be corrected by Election Authority under sub-S. (1) of S. 17 but matters amenable to question by way of election petition debarred from jurisdiction of Election Authority. James Ilyas Masih v. Punjab Local Councils Election Lahore and others 1981 S C M R 919 and Ahmad Khan v. Punjab Local Council Election Authority and others 1981 S C M R 1250 ref. (b) Punjab Local Councils Ordinance (IV of 1979)- - Ss. 15 & 17-Jurisdiction-Section 15 does not control S. 17­Contention that Election Authority could deal only with matters prescribed in Election Rules, held, without force. JUDGMENT NASIM HASAN SHAH, J.-This appeal by leave of this Court is directed against the judgment dated 12-4-1980 passed by a Division Bench of the Lahore High Court in I. C. A. No. 30 of 1980. 2. The relevant facts are that for the elections to the special interest seat of "peasants" of Zilla Council of District Sargodha, respondent No. I (Malik Muhammad Aslam), inter alia, filed his nomination papers. Another person, namely, Iftikhar Ahmad Kahloon also filed his nomination papers. Both of them were accepted by the Returning officer on 4-12-1977. The elections to the special interest seats were scheduled to, be held on 12-12-1979.…

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