Law: Constitution of Pakistan, 1973

Section: 185,199

(a) Election--Candidate who was resident and voter of Ward 2, filed his nomination papers for contesting elections from said Ward and was proposed by a person who, too, was a voter in the same Ward--Somebody interested in excluding the candidate from the contest made a crude attempt to change the number of Ward from 2 to 12 tampering with the nomination papers--Held, rejection of nomination papers of the candidate suffered from vitiative infirmity of misreading the relevant record and was rightly declared to be without lawful authority and of no legal effect and election was also rightly set aside in circumstances. (b) Constitution of Pakistan (1973)-- ---Arts.185 & 199--Petition for leave to appeal--Constitutional jurisdiction-Other remedy--Election--Plea of other remedy not pressed before High Court during arguments--Supreme Court declined to interfere on the plea of other remedy particularly when the petitioner was allowed an opportunity of contesting the impugned election. M.M. Saeed Beg, Advocate instructed by Rana MA. Qadri, Advocate-­on-Record for Petitioner. Afzal Elahi Chohan, Advocate by special permission and S.Inayat Hussain, Advocate for Respondent No.5. Nemo for other Respondents. Date of hearing: 14th March, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought, against acceptance by the High Court, of a Writ Petition arising out of an election dispute regarding a local Council. It was filed by respondent No. 5 whose nomination papers for the disputed election were rejected by the Election Authorities. The High Court having set aside the orders in this behalf impugned before it, held the nomination papers of respondent No. 5 as valid and directed fresh elections: which was earlier concluded in favour of the petitioner as the sole unopposed candidate mainly on account of the rejection of the respondent's nomination papers. The rejection of nomination papers was due to the reason that they appeared to have been tampered with. The election was for Ward No. 2 of the concerned Town Committee, while the nomination papers contained some ­entries showing Ward No. 12. The moot question was whether the nomination papers were filed for…

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