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Punjab Local Government Ordinance (VI of 1979)--- Ss. 26 & 37 read with Punjab Local Councils (Election) Rules, 1979, rr. 12 & 58 Election to special seats and of Chairman and Vice ¬Chairman Argument that non election to minority seat was nothing else than a vacancy, notwithstanding which local council could act ¬held, without force because provision of S. 37(2) was not a attracted to situation controlled by S. 26. ORDER M. S. H. QURAISHI, J. The petitioner is aggrieved by the order dated 5 12 1982 of an Appellate Bench of the Lahore High Court, whereby Intra Court Appal No. 90 of 1980 of respondent' No. 1 was allowed and fresh election was ordered to be held to the minority seat in Kacha Minawali Local Council. 2. The facts briefly are that by Notification dated 1 9 1979 issued under rule 12(1) of the Punjab Local Councils (Election) Rules, 1979, both Muslim and non Muslim voters of the various Local Councils the Province of the Punjab were called upon to elect their representative from each electoral unit. In the Notification, dates were also specified for nomination of candidates, scrutiny of their nomination papers and various stages of the election. However, in the notification, the polling day for Muslim seats only. i.e. 25 9 1979, was specified. Elections were accordingly held to Muslim seats on that date. 3. The polling date for non Muslims was, however, specified as 2 10 1979 by a subsequent notification issued on 16 9 1979, But the Returning Officer did not issue public notice as required by sub rules (3) and (4) of the said rule 12 and as such no one filed nomination papers nor was any election held for the, minority seat in Kacha Minawali Union Council. Nevertheless, election to "special interest" seats was held on 5 12 1979 and thereafter election to the office of Chairman and Vice Chairman of the said Union Council was held on 14 1 1980. Utma, respondent No. 1 herein, a non Muslim, thereupon challenged the legality of election of the Chairman and Vice Chairman of the Union Council by filing Writ Petition No. 733 of 1980. His case was that the Returning Officer having failed to perform his duty under sub rule (3) of rule 12, no election had…

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