Case Details

Citation(s)
2003 SLG 3258 2003 SLD 3258 2003 PLD 35
Lahore High Court
Writ Petition No. 22178 of 2001, heard on 3rd June, 2002
SAQIB NISAR, J
Shaukat Ragiq Bajwa and Rana Muhammad Arif for Petitioners. Ch. Muzzamal Khan for
Respondents

MUHAMMAD SHARIF and another

VS

Rana ABDUR REHMAN and 7 others

Law:

Section:

(a) Punjab Local Government Elections Rules, 2000----R. 83---Declaration of election void as a whole---Election Tribunal jurisdiction of---Scope---If Election Tribunal is satisfied that the election has been materially affected by reasons of the failure of any person to comply with the provision of the Punjab Local Government Elections Ordinance, 2000, the election can be declared void as a whole under the provisions of R.83 of Punjab Local Government Elections Rules, 2000. (b) Punjab Local Government Elections Ordinance (V of 2000)--- ----Preamble---Punjab Local Government Elections Ordinance, 2000--­Preamble ---Object---Basic purpose and object of Punjab Local Government Elections Ordinance, 2000, is to provide for holding elections for the establishment of Local Government in the Province. (c) Words and phrases-- ----"Election"---Connotation---"Election" means an act of choosing or selecting one, or more from a greater number of persons; the selection of a person/persons from a specified class to discharge certain duties attached to an office---Election is an expression of choice by the voters of a body politic or means by which a choice is made by the elector. (d) Words and phrases-- ----"Elector"---Defined---"Elector" is a person who is a duly qualified voter the one who has a vote in the choice of -any candidate to an office. (e) Punjab Local Government Elections Ordinance (V of 2000)--- ----S. 2(3)---Punjab Local Government Elections Rules, 2000, Rr.34 & 83---­Non-providing of ballot paper to elector---Effect---In the conduct of election, an elector is a key player and without enabling him to validly exercise his right of franchise, there can be no election at all---When an elector approaches a Presiding Officer, it is his duty to issue him the ballot paper--­Failure to provide the ballot paper amounts to failure in complying with the provisions of Punjab Local Government Elections Ordinance, 2000, arid R.34 of Punjab Local Government Elections Rules, 2000---Such failure brings the case within the mischief of R.83 of Punjab Local Government Elections Rules, 2000. (f) Punjab Local Government Elections Ordinance (V of 2000)--- ----S. 8---Punjab Local…
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