Case Details

Citation(s)
2002 SLG 1765 2002 SLD 1765 2002 CLC 198
Lahore High Court
Writ Petitions Nos.1211, 1212 and 1275 of 2001/BWP, decision dated: 16-03-2001
MUHAMMAD AKHTAR SHABBIR, J
Muhammad Ahmad Kham for Petitioner. Ch. Riaz Ahmed for
Respondents Nos.3 And 4

M. JAVED DAULAT ZAI

VS

RETURNING OFFICER/ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAHAWALPUR and 3 others

Law:

Section:

(a) Punjab Local Government Elections Ordinance (V of 2000)-------S. 14---Punjab Local Government Elections Rules, 2000, Rr.13(2), 16(1), 16(6) & 16(7)---Qualification of candidates---Two nomination papers, filing of---Candidate for the seat of Nazim filed two nomination papers and was not proposed by the same proposed in both the nomination papers---Validity---Where candidate was proposed and seconded by different persons in both nomination papers, bar contained in R.16(7) of the Punjab Local Council Elections Rules, 2000 was not attracted to the case---No embargo on filing more than one nomination paper exists for the same seat of local councillor as well as for filing nomination papers for two different seats but after .the election, the elected person had to retain one seat only---Nomination papers filed by candidate for more than one seat were rightly accepted. (b) Punjab Local Government Elections Ordinance (V of 2000)--- ----S. 14---Punjab Local Government Elections Rules, 2000, Rr. 13(2), 16(1), 16(6) & 16(7)---Qualification of candidates---Two nomination papers, filing of---Validity---No bar under the law exists against filing more than one nomination paper in the same electoral ward---Person intending to contest election for the post of Nazim, Naib-Nazim or a member of a Union Council, can file more than one nomination paper but the only restriction is that if any person subscribes as a proposed or seconder to more than one nomination paper, all such nomination papers, except the one received first by the Returning Officer would be void. (c) Punjab Local Government Elections Rules, 2000--- ----R.19---Bar against double membership---Filing of more than one nomination papers---Scope---No bar on filing of more than one nomination paper exists for one seat or for different seats---Bar in the law is that if the candidate is holding an office, he must resign before filing his nomination paper to the new office. (d) Punjab Local Government Elections Rules, 2000--- ----Rr. 13(2), 16(1), 16(6), 16(7) & 20---Qualification of candidates--­Filing of more than one nomination papers---Effect---No penalty under the election laws is provided for filing…
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