Law: Punjab Local Government Election Rules 2005

Section: 76(1),76(2)(b),76(1)(a)

Punjab Local Government Elections Rules, 2005--- ---Rr. 76 & 2(iv)(v), (xxi)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Declaring of election void---Essentials---Invalid nomination of a returned candidate is valid ground for declaring his election void---Phrase "the other contesting candidates" as referred to in R.76(2)(b), Punjab Local Government Election Rules, 2005 relates to those candidates who contested the election, but were not successful---Viewing the distinction between `candidates', `returned candidates' and `contesting candidates' within the meaning of R.2(iv)(v) and (xxi) of Punjab Local Government Election Rules, 2005, the scope of other contesting candidates cannot be extended too far in its purview of the `returned candidates', more so when the election has been declared and the provisions of law pertain to a matter, subsequent to declaration of result---System of joint candidacy has to be examined in its own spirit---Rejection of nomination of either of Nazim or of Naib Nazim as joint candidates, the nomination as a whole for both the candidates, shall stand rejected, so is the case of disqualification of one of them by the Election Tribunal in election petition, against the returned candidates---Invalid nomination of a candidate on the, nomination day, would not be validated by a subsequent change of the status from candidate to returned candidate---Joint candidates have to sail and sink together---Disqualification would be individual only, when there is a casual vacancy---Casual vacancy would not include vacancy, which becomes vacant as a result of decision of the Election Tribunal, due to disqualification of a candidate. Haji Alam Sher and another v. Malik Muhammad Nawaz and 6 others PLD 2003 Lah.12 and Mian Ahmad Saeed and others v. Election Tribunal for Kasur and 7 others 2003 SCMR 1611 fol. Chaudhri Maqbool Ahmad and others v. Malik Falak Sher Farooqa Additional District Judge/Election Tribunal and others PLD 2003 Lah. 138; Naveed-ur-Rehman v. Election Tribunal and others 2004 CLC 626; Tahir Mahmood .and another v. Election Tribunal for Rawalpindi. and 6 others 2003 CLC 1381; Asim Butt and others v.…

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