Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 92 & 163 [as amended by Punjab Local Government (Amendment) Act (X of 2005)]---Constitution of Pakistan (1973), Art. 185(3)---Re-election of Nazim and Naib Nazim---Nomination papers, rejection of---Disqualification of candidates to contest election for Naib Nazim had been recalled under S.92 of Punjab Local Government. Ordinance, 2001-Supreme Court granted leave to appeal to consider as to whether in pursuance of S.163 of Punjab Local Government Ordinance, 2001 (before amendment), petitioners were eligible to contest election as they were alleged to be debarred to contest re-election and not General Elections of Local Councils and whether despite omitting/repealing provisions of S.163 of Punjab Local Government Ordinance, 2001, petitioner would remain debarred to contest election on account of the effect of recalling. (b) Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 92 & 163(3)---Election held under Punjab Local Government Elections Ordinance (V of 2000)---Exit of Nazim or Naib Nazim through recall motion---Effect---Election held under Punjab Local Government Elections Ordinance, 2000 would be deemed to have been held under Punjab Local Government Ordinance, 2001 by virtue of its S. 196(3)---Such Nazim or Naib Nazim, if recalled, would entail disqualification to contest election. (c) Punjab Local Government Ordinance (XIII of 2001)--- ----S. 163 [as amended by Punjab Local Government (Amendment) Act (X of 2005)]---Punjab Local Government Election Rules, 2005, R.14---West Pakistan General Clauses Act (VI of 1956), S.4---General Clauses Act (X of 1897), S.6---Notification of recall as Nazim or Naib Nazim---Effect of such disqualification on future election---Re-election contemplated by S.163 of Punjab Local Government Ordinance, 2001 was not in fact bye-election for same office from which Nazim or Naib Nazim was recalled---Person incurring disqualification under S.163 of Punjab Local Government Ordinance, 2001 would not be eligible to contest any election or bye-election, provided such disqualification existed on statute book on date of submission of nomination papers---Question…

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