Law:

Section:

Punjab Local Government Ordinance (VI of 1979)....S. 24...Constitution of Pakistan (1973). Art. 199---Constitutional petition--­Election petition---Gazette Notification having been published during pendency of election petition. order dismissing election petition as premature on ground that petitioners had failed to produce said Gazette Notification, could not be sustained. Muhammad Jamshed Ali and others v. Ghulam Mustafa and others 1983 CLC 209 ref. Mahmood Ahmad Bhatti for Petitioner. Syed Ali Shah Bokhari for Respondents. Date of hearing: 28th June, 1993 . JUDGMENT The petitioner through this Constitutional petition has challenged the order dated 11-11-1992 passed by the Election Tribunal, Union Council Kharotan Syedan, Tehsil and District Sialkot dismissing his election petition as being premature alongwith 28 others. Facts in brief are that the petitioner as well as respondents Nos.1 and 2 were candidates for a special seat of Peasant in the Local Council Kharotan Syedan Tehsil and District Sialkot. This election was held on 16-1-1992 respondent No.1 Ghulam Nabi was declared elected. The Deputy Commissioner intimated this election to the Election Authorities through Notification dated 18-1-1992. The petitioner filed election petition on 15-2-1992 challenging the election of respondent No.1 on the ground that he was having more than 5 acres of land and was also a registered contractor with the Local Government of the Punjab, as such was disqualified to hold this petition. Respondent No.1 riled written reply on 1-6-1992 and took up the plea that the result of the election had not been published in the official Gazette at the time of filing of the election petition, as such, the same merits. dismissal as being premature. Thereupon, on 26-7-1992, Election Tribunal framed the following preliminary issue: Whether the petition/election petition is premature and not maintainable. The Election Tribunal through impugned judgment/order dated…

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