Law:

Section:

(a) Punjab Local Government Elections Rules, 2000------R. 18(3)---Nomination papers, rejection of---Procedure---Returning Officer or Appellate Authority, as the case may be under the provisions of R.18(3) of the Punjab Local Government Elections Rules, 2000, may, either suo motu or upon any objection, conduct summary inquiry before rejection of nomination papers, to satisfy himself that the candidate is not qualified to be elected as a member for any of the reasons mentioned in the Punjab Local Government Elections, Rules, 2000. (b) Punjab Local Government Elections Ordinance (V of 2000)--­ ----R. 14(i)---Punjab Local Government Elections Rules, 2000, R.18(3)--­ Transfer of Property Act (IV of 1882), S.54---Constitution of Pakistan (1973), Art-199 ---Constitutional petition---Nomination papers, rejection of---Declaration of assets--- Nomination papers of the candidate were rejected by Appellate Authority on the ground that the assets declared by the candidate did not include certain properties which, existed in his name---Plea raised by the candidate was that although the properties were in the name of the candidate, yet the same had already been sold vide unregistered deed and possession of the same had been delivered to the vendees---Validity---Where payment of consideration and delivery of possession were fulfilled, the transaction would constitute a "sale" under the provisions of S.54 of the Transfer of Property Act, 1882, notwithstanding that the same was oral or in writing---Matter relating to legal defect in sale being between vendor and vendee, the Returning Officer would not be required to go into the question of defective title--­ Question whether the properties in question would be deemed to be the properties of the candidate due to defect in the document through which proprietary rights were transferred by him and would affect his candidature .would not be answerable without proper determination of the question of title by competent forum on the basis of evidence---Where the evidence relied upon by the parties was rebuttable, the same would not be a conclusive proof of title---Candidate, in the present case, having entered into transaction of sale…

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