Law: North West Frontier Province Local Government Elections Rules, 2000

Section: 18

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pleadings--- ---- Factual point not pleaded---Effect---Pleadings are treated as foundation in civil matters and a point having not been taken regarding factual position cannot be allowed to be taken at subsequent stage. (b) North-West Frontier Province Local Government Elections Rules, 2000---- -----R. 18---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Qualification of candidate---Election petition was filed to assail the election of returned candidates for the seats of Nazim and Naib-Nazim on the ground that the candidate for the seat of Naib-Nazim did not possess required educational qualification and he had produced forged and fictitious certificate of Matriculation---Election Tribunal directed the returned candidate to produce the certificate and on failure to produce the same, .the Election Tribunal allowed the election petition and the candidates securing second highest votes were declared as returned candidates---Plea raised by the returned candidates was that no such objection was raised at the time of scrutiny of nomination papers, matter was decided without recording of evidence and Election Tribunal could have directed for bye-elections for the seat of Naib-Nazim in terms of S.18-A of North-West Frontier Province Local Government Elections Ordinance, 2000---Validity---Nomination of the returned candidates was challenged with reference to R.18 of North-West Frontier Province Local Government Elections Rules, 2000 on the ground that the candidate for Naib-Nazim was not on the nomination day, qualified for the seat---Law permitted to challenge the nomination of the returned candidate on the ground of lack of educational qualification on the nomination day, whether or not it was taken at the earlier stage of election--­Where the candidate was not at all qualified on the very first day of nomination, he could not be a member of the concerned union council---High Court declined to interfere with the order passed by Election Tribunal--­Constitutional petition was dismissed in circumstances. JUDGMENT ABDUL RAUF KHAN LUGHMANI, J.---Sher Qayum and Aziz­ul-Wahab, herein petitioners, jointly filed nomination papers for the office of…

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