Law:

Section:

(a) Punjab Local Councils (Election Petitions) Rules, 1979--- R. 12---Election Tribunal---Jurisdiction---Dismissal of election petition at intermediary stage i.e., before finalization of trial, would tantamount to exercising a jurisdiction not vested in the Election Tribunal. (b) Punjab Local Councils (Election) Rules, 1979-- R. 73(7)---Punjab Local Councils (Election Petitions) Rules, 1979, R. 12--­Civil Procedure Code (V ;of 1908), O.VII, R. 11---Jurisdiction of Election Tribunal in resolving election petition at an intermediary stage invoking principles enshrined in O.VII, R. 11, C.P.C: --Failure of returned candidate to submit his statement of election expenses within thirty days of the result of the poll would although attract the wrath of R. 73, Punjab Local Councils (Election) Rules, 1979, for which specified penalty had been prescribed, yet non-submission of election expenses would have no nexus whatsoever with the. jurisdiction of Election Tribunal to defer finalization of election petition before it and proceed with dismissal of election petition on that account---Election Tribunal's finding that petitioner's failure to submit statement of his election expenses within specified period being illegal practice would take away his right to proceed further with his election petition, could not be countenanced on any known principle---Election Tribunal, thus, had exceeded its jurisdiction in proceeding with the application of returned candidate to dismiss election petition on account of failure of petitioner to submit his statement of election expenses and by dismissing election petition before concluding trial thereof--­Dismissal of election petition at intermediary stage was thus not warranted by law. JUDGMENT This judgment shall dispose of Writ Petitions Nos.11780, 11781 and 11782 of 1992 as common questions of law arid facts are involved therein. 2. Hakim Ali petitioner and respondents Nos.l to 5 were candidates for 3 seats of `Peasants' in Zila Council Gujrat. The election was held on 16-1-1992 and respondents-- Nos.l to 3 were declared successful. The petitioner filed three election petitions under section 24 of the Punjab Local Government Ordinance…

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