Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 152(1)(m),152(2)(a),152(1),161

Law: Punjab Local Government Elections Rules, 2003

Section: 68

Punjab Local Government Ordinance (XIII of 2001)--- ----S. 15(1)(m)---Punjab Local Government Elections Rules, 2003, R.68---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Election Tribunal in an ex parte , disqualified the petitioner, a returned candidate in the Local Government Election held in 2005 to the office of General Councillor, on the ground of his failure to have filed a return of election expenses incurred in the Local Government Election contested by him in the year 2001, under R.68, Punjab Local Government Elections Rules, 2003---Held, petitioner had lost that Election of 2001, therefore, he was not under obligation to file a statement of expenses for that election and thus did not incur the disqualification under S.152(1)(m) of the Punjab Local Government Ordinance, 2001---Principles. Muhammad Abbas Gujar v. District Returning Officer/District Judge, Sheikhupura and 2 others 2004 CLC 1559 ref. ORDER UMAR ATA BANDIAL, J.---The petitioner is a returned candidate in the Local Government Election held in 2005 to the office of the General Councillor Male, Union Council No.240, Faisalabad. Vide judgment dated 18-10-2006 the learned Election tribunal disqualified the petitioner to hold office for his failure to have filed a return of election expenses incurred in the local government election contested by him in the year 2001 under Rule 68 of the Punjab Local Government Election Rules, 2003. This is an ex parte judgment by the learned Tribunal and has been impugned in the present writ petition on the ground of lack of hearing afforded to the petitioner. 2. To cut short the controversy, the Court has examined the substantive finding given in the impugned judgment. It is based on the disqualification contained in section 152(1)(m) of the Punjab Local Government Ordinance, 2001 ("Ordinance") which provision is reproduced as under:-- "Qualifications for candidates and elected members.---(1) A person shall qualify to be elected or to hold an elective office or membership of a Local Government, if he-- (m) has not failed to file the required return of election expenses or is not convicted for exceeding the limits of election expenses…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492