| Citation(s) |
|---|
| 2004 SLG 1952 2004 SLD 1952 2004 CLC 1471 |
Lahore High Court
Writ Petition No.270 of 2003, decision dated: 17-05-2004.
TANVIR BASHIR ANSARI, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Writ Petition No.270 of 2003, decision dated: 17-05-2004.
TANVIR BASHIR ANSARI, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
KHAN BAHADUR and anothers
VS
MUHAMMAD AFZAL GUJJAR and 4 others
Law:
Section:
Punjab Local Government Elections Rules, 2000-------Rr. 70- & 83---Constitution of Pakistan (1973), Art.199--Constitutional petition--Declaring election as a whole void---Election Tribunal in one of the paras of -its passed in an election petition had found that no tangible evidence existed which proved allegation of rigging against returned candidates---Election Tribunal, however, had set aside Election under R.83 of Punjab Local Government Elections Rules, 2000 after coming to the conclusion that counting had not been made according to provisions of Punjab Local Government Elections Ordinance, 2000 and Punjab Local Government Elections Rules, 2000 and that elections suffered from the prevalence of extensive illegal practice without attributing any corrupt practice to the returned candidates---Election Tribunal had not found the returned candidates guilty of any specific corrupt practice, but had declared election as a whole void upon general prevalence of corrupt and illegal practice which had materially affected the result of elections---Validity---In order to declare the whole election as void, Election Tribunal must feel satisfied that the results of election had been materially affected on account of the reasons mentioned in. R.83(a) & (b) of Punjab Local Government Elections Rules, 2000---Not necessary in law that any corrupt or illegal practice must also be specifically attributed to a candidate or his representatives, etc. Hem Raj v. Ramji Lal and another AIR 1975 SC 382 and Sudhir Laxman Hendre v. Shripat Amrit Dange and others AIR 1960 Bom.. 249 ref. Sh. Zamir Hussain for Petitioners. Ch. Afrasiab Khan for Respondents. Date of hearing: 30th April, 2004. JUDGMENT The petitioners contested the election for seats of Nazim and Naib Nazim of Union Council No. 3, Chakwal City. Respondents Nos. l and 2 also contested the said election of the same office of the said Union Council. The petitioners secured 2653 votes while respondents Nos. l and 2 secured 2635 votes. The, petitioners were declared successful as Nazim and Naib Nazim of the said U.C. 2. Feeling aggrieved of the impugned result, respondent' No.1 and, 2 challenged the legality of the same…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492