Law: Representation of the People Act, 1976

Section: 99(I-A)(o),52

Law: Constitution of Pakistan, 1973

Section: 199

Law: North West Frontier Province Local Government Ordinance (XIV of 2001)

Section: 21,164

Representation of the People Act (LXXXV of 1976)--- ----Ss. 99(I-A)(o) & 52---North- West Frontier Province Local Government Ordinance (XIV of 2001), Ss.21 & 164---Constitution of Pakistan (1973), Art.199---Constitutional petition---Disqualification for contesting election---Respondent, who was Zila Nazim, intended to contest election for National Assembly, resigned from office of Zila Nazim by tendering resignation and thereafter filed his nomination papers as candidate for seat of National Assembly which were accepted by the Returning Officer---Petitioner had filed constitutional petition against acceptance of nomination papers of respondent contending that since resignation tendered by respondent was accepted by Chief Minister four days after tendering the same, respondent was enjoying his office of Zila Nazim during that period and he was disqualified from contesting the election---Validity---Tendering of resignation was not qualified by some other conditions for its acceptance---Act of relinquishment of office or its acceptance or otherwise, was dependant on the nature of the office/post held by an incumbent---Holder of office of Zila Nazim under Local Government Ordinance, 2001 would relinquish his office merely by tendering his resignation under S.21 of the said Ordinance and acceptance of the resignation was not a sine qua non for -it---Respondent had tendered his resignation on 24-11-2007 which was accepted by the competent Authority---Seat of Zila Nazim held by respondent had become vacant with effect from the date as was notified by Election Commission under S.164 of North-West Frontier Province Local Government Ordinance, 2001 vide Notification dated 7-12-2007---Respondent after tendering resignation from the office of Zila Nazim on 24-1-2007, was not hit by any clause of disqualification---Nomination papers filed by respondent had already been scrutinized and accepted which remained unquestioned either before the Returning Officer or before the Election Appellate Tribunal---Said acceptance had also been culminated in the issuance of final list of candidates showing their respective election symbols---Constitutional petition was dismissed.…

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