Law:

Section:

(a) North-West Frontier Province Local Government Elections Ordinance (VI of 2000)-------Ss. 8(2), 16 & 18-A---North-West Frontier Province Local Government Elections Rules, 2000, R.88---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Filling up of a vacancy of Nazim---Petitioners before Election Tribunal challenged election of returned candidates for Nazim and Naib-Nazim seats having lost election just by one vote---Elected Nazim, during pendency of election petition, after having been elected as member of Zila Council resigned from office of Nazim, for which Election Commission announced by-election--­Contention of the petitioners was that such resignation would automatically lead to resignation of Naib-Nazim also for having been elected as joint candidates to office of Nazim and Naib-Nazim, and in such eventuality election petition had to be dismissed as there remained no respondent to contest same---Validity---Such plea had not been taken before Election Tribunal---Conditions of joint candidacy and elections, disqualification of one resulting in rejection of nomination papers . of both, failure or success in election as a team whole, would be applicable during initial stage of elections for Nazim and Naib-Nazim seats--­Vacancy of the office of Nazim, according to S. 18-A of the Ordinance had to be filled up through by-election, but till then, an officiating Nazim would be elected by majority votes of the members of the Council ---Naib­Nazim had been expressly debarred from contesting by-election of Nazim or that of an officiating Nazim, meaning thereby that he would retain his seat notwithstanding vacation of seat by Nazim---No express provisions existed in Ordinance providing that with the vacancy of office of Nazim, the Naib-Nazim would also vacate his seat and there would be by-election for both the seats---Since Naib-Nazim retained his seat, therefore, election petition could not be dismissed under R.88 of North-West Frontier Province Elections Rules, 2000, which otherwise provided that where there was no respondent left to contest an election petition, Tribunal would decide it ex parte leaving no room for its dismissal on such…

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