Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----S.99 (1-A), (j) & (k)---Cantonments Act (II of 1924), S. 15-B (g)--­Disqualification to contest election---Civil servant who was removed from service on 15-4-1990 and three years had not elapsed was disqualified to contest election by virtue of S.15-B(g) of the Cantonments Act, 1924 and S.99 (1-A), (j) & (k) of the Representation of the People Act, 1976. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction, exercise of---Paramount consideration for the exercise of Constitutional jurisdiction under Art. 199 was whether setting aside of an order which suffered from a legal infirmity could advance the cause of justice or perpetuate an injustice. JUDGMENT Briefly the facts of the case are that the petitioner and respondent No.3 filed nomination papers for contesting election to membership of the Cantonment Board, Gujranwala (Ward No.1) on 3-12-1991. On 5-12-1991 the scrutiny was held by the Returning Officer who accepted the nomination papers of the petitioner and respondent No.3. Respondent No.3 preferred an appeal before respondent No.1 against the acceptance of nomination papers of the petitioner. Respondent No.1 accepted the appeal and rejected the petitioner's nomination papers. 2. The learned counsel contends that no appeal was competent before respondent No.1 under the law. He submits that by virtue of the provisions of Rule 12-A of the Cantonments (Elections and Election Petitions) Rules, 1979, the appeal was competent only against the rejection of nomination papers. 3. On the other hand, learned counsel for respondent No.1 Submits that the petitioner was disqualified to contest the election as he was removed from Government Service on 15-4-1990 and 3 years had not yet elapsed. Hence, by virtue of provision of subsection 2 (g) of section 15 (b) of the Cantonments Act, 1924 read with the provision of subsection (1-A (j) of section 99 of the Representation of the People Act of 1976, a person cannot contest election unless a period of 3 years had elapsed since the date of removal from service. He submits that even if the impugned order is void, no relief can be…

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