Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Sind Local Government Ordinance (XII of 1979), S.s7(2)(d)--Disqualification from contesting election--Leave to appeal granted to consider whether disqualification of petitioner was such as to render all votes cast in his favour wasted and thrown away with the result that candidate with next highest number of votes could be declared successful and secondly as to whether or not respondent as well as his proposer and seconder were registered as voters in constituency in question and if so, effect thereof. (b) Sind Local Government Ordinance (XII of 1979)-----S. 37(2)(d)--Disqualification of candidate for local bodies election-­ Candidate a Government employee who had resigned from that post but no action was taken on that resignation till date of election and his resignation was accepted subsequently, with effect from a date prior to date on which election was held--Plea that embargo was not attracted to his case and as such he was qualified to contest election, repelled-­ Candidate resignation was not accepted by date of election and he was in service of Government on that date--Held: Candidate was disqualified from contesting election in view of prove o s of section 37(2)(d). (c) Sind Local Government Ordinance (XII of 1979)---S. 37 (2) (d)--Election to Local Bodies--Disqualification of elected candidate--Candidate having polled highest number of votes, declared elected--Respondents election petition challenging his election allowed on ground that candidate was disqualified from contesting election because of being teacher in Government school on that date--Election of candidate declared void and respondent, who had polled next highest number of votes, declared successful--Order impugned--Plea that if disqualification of a successful candidate is not notorious, votes cast in his favour would not be deemed to have been thrown away so as to give seat to candidate with next highest number of votes--Profession of candidate though shown in Electoral Roll as a milkman, he was in fact employed as teacher on election day--People of area could be deemed to have considered him to be a school teacher on relevant date…

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