Law:

Section:

(a) Punjab Local Councils (Elections) Rules, 1979-------8. 40(5)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Election through only one polling station---Election Tribunal had restrained successful candidate from acting as a Councillor---Results of all candidates was reflected in Form No.XII duly signed by Assistant Presiding Officer---While other contesting candidates had a result, of three candidates reflected in Form No.XIII duly signed by Presiding Officer---Allegation was, that other candidates had abducted Presiding Officer and had got a fake result Form---Effect---Result -of single polling station constituency was to be prepared in Form No.XII---No explanation having been -liven as to why result produced by other candidates was prepared in Form No.X11I instead of Form No.XII which was meant for single polling station as required by R.40(5) of the Punjab Local Councils (Elections) Rules, 1979---Order restraining the successful candidate to act as Councillor was declared to be without lawful authority. (b) Punjab Local Councils (Elections) Rules, 1979--- -- R. 40(5)---Preparation of result by Presiding Officer---Result of single polling station constituency has to be prepared in Form No.XII and that of more than one polling stations to be prepared in Form No.XIII. (c) Punjab Local Government Ordinance (VI of 1979)--- ----S. 37---Restraining a returned candidate to act as a Councillor---Effect---No proceedings can be rendered invalid even if some person is held to be not entitled to act as a Councillor, sit as such, vote or otherwise take part in proceedings---Election Tribunal cannot disenfranchise a constituency. JUDGMENT By this common judgment .I intend to dispose of Writ Petitions Nos. 13209 of 1998 and 13508 of 1998 as they arise out of an Election petition pending between the parties. 2. The facts giving rise to these petitions are that the petitioners in both the petitions noted above alongwith three others contested election from Ward No. 17 of Town Committee Kunjah District Gujrat i.e. an electoral unit comprised of only one polling station. According to the petitioner in Writ Petition No. 13209 of 1998~he secured 172…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492