Case Details

Citation(s)
1985 SLG 547 1985 SLD 547 1985 SCMR 729
Supreme Court of Pakistan
Civil Appeal No.311 of 1983, decision dated: 21st January,1985, hearing DATE : 25-01-1984.(On appeal from the judgmentof the Lahore High Court Rawalpindi Bench, Rawalpindi, dated15-11-1983, passed in Writ Petition No.416 of 1983)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ

EMMANUAL MASIH

VS

THE PUNJAB LOCAL COUNCILS ELECTION AUTHORITY and others

Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)--Punjab Local Councils (Election) Rules, 1979, r. 15(3) proviso (iii)--Leave to appeal granted, inter alia, to consider true interpretation of r. 15(3) read with proviso (iii) Per Aslam Riaz Hussain, J. (Muhammad Afzal Zullah J. agreeing)-- (b) Punjab Local Government Ordinance (VI of 1979)-- ---S.20--Punjab Local Councils (Election) Rules, 197 , r. 13(1)--One of the necessary qualifications for a candidate is that he should have attained age of 25 years on the day of scrutiny. (c) Punjab Local Councils (Election) Rules, 1979-- ---8. 15(3) proviso (iii)--Finality to entry of age of a person whose name appears in electoral roll attaches only so far as it has a bearing on his being qualified to be a 'voter' and for no other purpose. Muhammad Tufail v. Muhammad Salim and others P L D 1967 Kar. 10 ref. (d) Interpretation of statutes-- --- Contradiction between two provisions--Function of Court, while interpreting provisions of such a statute is to interpret them in such a manner as to reconcile them and make them consistent with each other in order to ensure that none of them was rendered redundant--Court has to keep in view policy underlying law, specially as manifested by certain amendment made therein from time to time. (e) Punjab Local Government Ordinance (VI of 1979)-- ---S.17--Election Authority becomes functus officio after election is over--Validity of election could be challenged by aggrieved person only through election petition, on ground which during pre-election period could be made basis of complaints to Election Authority under S. (f) Punjab Local Councils (Election) Rules, 1979-- ---8. 15(3) provisos (ii) & (iii)--Contradiction in two provisions of Rules--Election laws, held, should be so construed as not to create any impediments in holding of elections and to ensure their conclusion, once process had begun--Electoral College Act (IV of 1964),5.23(3). (g) Punjab Local Government Ordinance (VI of 1979)-- ---5. 17(1)--Scrutiny of nomination paper is a part of conduct of elections--Election Authority has power of control over it and could, therefore, review orders of Returning Officer relating to…
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