Law:

Section:

Punjab Local Government Elections Rules, 2005---------Rr.17 & 2(v)---Constitution of Pakistan (1973), Art.185(3)---Death of joint candidate for the election of Nazim and Naib Nazim before the scrutiny of nomination papers---Leave to appeal was granted by the Supreme Court to consider questions of first impression namely whether on the death of joint candidate the election would be terminated in terms of R.17 of Punjab Local Government Elections Rules, 2005; whether in case of death of joint candidate the petitioner (surviving 'candidate) had no right to pray for permission to allow him to join another candidate with him for the post of Nazim, and what would be the effect of R.2(v) read with R.17 of the Punjab Local Government Elections Rules, 2005, if the candidate had died before the scrutiny of the nomination papers---Supreme Court ordered that pending decision of appeal arising out of the petition the election in the Union Council be stayed. Malik Muhammad Qayyum, Advocate Supreme Court, Muhammad Amin Lone, Advocate Supreme Court, Zafar Iqbal Chaudhry, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Dr. Danish Muhammad, Deputy Attorney-General for the State. Muhammad Hanif Khatana, Additional Advocate-General, Punjab, for Advocate-General, Punjab. Date of hearing: 19th August, 2005. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, C.J.------ This petition has been filed for leave to appeal against the order dated 8th August, 2005, passed by the Lahore High Court whereby writ petition of the petitioner has been dismissed. 2. Precisely stating facts of the case are that petitioner filed nomination papers for the office of Nazim along with Sardar Akhtar Hussain who was contesting as a joint candidate with him for the seat of Naib Nazim. After filing of nomination papers but before scrutiny, latter had died on 28th July, 2005. At the time of scrutiny, nomination papers of the petitioners were rejected by Returning Officer for reasons:-- "I have gone through the Punjab Local Government Elections Laws provided by the Election Commission of Pakistan. There is no powers of the Returning Officers to allow any person to submit nomination papers…

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