Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 85 & 92---Official Gazette---Status---Official Gazette falls within the category of public documents and its status as such in terms of Art.85 of Qanun-e-Shahadat, 1984, has to be accepted---Gazette is one of the documents covered by Art. 92 of Qanun-e-Shahadat, 1984, and it is enough if it is before the Court even if not formally tendered in evidence. Bashir Ahmed Bhanbhan and another v. Shaukat Ali Rajpur and others PLD 2004 SC 570 and Bawa Sarup Singh v. The Crown AIR 1925 Lah. 299 rel. (b) Punjab Local Government Ordinance (XIII of 2001)--- ----S. 152(1)(e)---Punjab Local Government Elections Rules, 2005, R.14(3)---Constitution of Pakistan (1973), Art.185 (3)---Election of District Nazim---Qualification of candidate---Determination---Candidate was a retired Lieutenant General from Pakistan Army and his nomination papers were rejected by District Returning Officer on the ground that he was not a matriculate---Returning Officer as well as High Court refused to accept the result of candidate as appearing in official Gazette---Validity---On having seen the official Gazette, High Court should not have declined relief to the candidate merely on the basis of the procedure under which a duplicate matriculation certificate was issued to the candidate---In presence of the Gazette, candidate was held to be qualified to contest election for the office of District Nazim, in terms of S.152(1)(e) of Punjab Local Government Ordinance, 2001---Supreme Court directed that person aggrieved from election result could approach Election Tribunal, where the objection as to qualification of the candidate might also be raised---Petition for leave to appeal was converted into appeal and of High Court and order of District Returning Officer were set aside---Appeal was allowed accordingly. Samar Pervaiz v. Board of Intermediate and Secondary Education, Lahore and another PLD 1971 SC 838 rel. Abdul Hafeez Pirzada, Senior Advocate Supreme Court, Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court, Raja Abdul Ghafoor Advocate-on-Record and Mehr Khan Malik, Advocate-on-Record for Petitioner. Makhdoom Ali Khan, Attorney-General for…

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