Law:

Section:

Punjab Local Government Election Rules, 2005-- ----R. 12(5)--Constitution of Pakistan, 1973, Art. 199-Nomination papers were filed after due date--Appeal was accepted on ground of sickness--Assailed--Medical certificate submitted by respondents was fake and was forged--Language of Rule 12(5) is unambiguous under which it was not necessary for candidate to present nomination papers personally--If respondent was sick her proposer or seconder would have presented her nomination papers to the returning officer--Therefore decision of Returning Officer was correct and impugned order passed by First Appellant Court was illegal and inconsistent with Rule 12 of the Punjab Local Government Election Rules, 2005--Held: A person who approaches Court under Constitutional jurisdiction with unclean hands deserve no leniency and favour under Constitutional jurisdiction. Order The learned counsel for the petitioner submits that Respondent No. 3 failed to deposit or file her nomination papers on 2/3.11.2006, therefore, her nomination papers were not accepted by the Returning Officer after the due date. However, Respondent No. 3 filed an appeal before the learned District Returning Officer/Addl. District Judge, Kasur on 10.11.2006, on the ground that she could not file her nomination papers, in time, as she was sick. On ground of sickness, the learned Addl. District Judge accepted her appeal and directed the Returning Officer to receive her nomination papers. The learned counsel for the petitioner submits that the learned Addl. District Judge could not have allowed the entertainment of nomination papers of Respondent No. 3 after expiry of the scheduled date. The learned counsel also submits that the medical certificate relied upon by the Respondent No. 3 and Addl. District Judge is also fake and the same was forged. The said doctor, who purportedly issued the certificate, has disowned the certificate on the ground that he was on leave on which date the certificate was apparently issued. 2. Dr. Safdar Iqbal, M.O. DHQ Hospital, Kasur was noticed and Respondent No. 3 was also noticed. On 17.11.2006, the learned counsel for the Respondent No. 3 appeared and sought an adjournment which…

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