Law:

Section:

(a) North-West Frontier Province Local Government Elections Rules, 2000-- ----Rr. 18(2)(3). 71(1) & 82---North-West Frontier Province Local Government Elections Act (VI of 2000), S.14(d)---Nomination papers. acceptance of---Objection as to character and reputation of returned candidate---Same being a question of fact needed recording of evidence, which could be done by Tribunal on an election petition---Tribunal on assessment of evidence could pass appropriate order under R.82 of North­ West Frontier Province Local Government Elections Rules, 2000. (b) North-West Frontier Province Local Government Elections Rules, 2000-- ----Rr. 71(1) & 82---North-West Frontier Province Local Government Elections Act (VI of 2000), S.14---Objection as to acceptance of nomination papers of returned candidate being not qualified to contest election--­Remedy---Election of returned candidate can be challenged before Election Tribunal by election petition by a candidate of such election---Tribunal can declare election of returned candidate to be void after being satisfied that his nomination was invalid or he was disqualified on nomination day from being elected as a member or Nazim or Naib-Nazim, as the case may be. JUDGMENT MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the Peshawar High Court, Peshawar . dated 19-3-2001, whereby Writ Petition No.299 of 2001 of respondents Nos. 1 and 2 was accepted, order of the District Returning Officer. Kohat dated 10-3-2001 rejecting the nomination papers of Fawad Khan, respondent on the ground that he was not enjoying good reputation, impugned therein, was set aside, the order of Returning Officer dated 1-3-2001 was restored and respondents. Nos. 3 and 4 were directed. to accept nomination papers of respondents Nos. 1 and 2 and allow them to contest the election for the office of Nazim and Naib-Nazim of Union Council Lachi (Urban). 2. Brief facts of the case are that Fawad Khan and Shaukat Ali Khan, respondents Nos. 1 and 2 submitted nomination papers before the Returning Officer for the offices of Nazim and Naib-Nazim for Union Council Lachi Urban). District Kohat which were found correct and thus accepted…

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