Law:

Section:

(a) North-West Frontier Province Local Government (Conduct of Elections) Rules, 2005--- ----R. 12(4), Form XIX---Constitution of Pakistan (1973), Art. 185(3) ---Election of District Nazim---Declaration of assets by the candidate---Candidate submitted his nomination papers along with Form XIX under R.12(4), N.-W.F.P. Local Government (Conduct of Elections) Rules, 2005 meant for declaration of assets---Returning Officer, on the day of scrutiny of papers, obtained a fresh declaration from the candidate containing details, of assets owned by him and nomination papers submitted by the candidate were accepted---One of the voters presented appeal before the District Returning Officer stating that the previous Form XIX filed with the nomination papers was considered incomplete by the Returning Officer only on the ground that the candidate had not stated his income from a Sugar Mill mentioned at S.No.4 of the Form and position of subsequently filed Form XIX was the same---Validity---Held, Returning Officer was empowered to reject a nomination form on conducting summary enquiry and he had no jurisdiction to allow a candidate to submit further explanation of the assets owned by him during the process of scrutiny---Such concession, if extended to a candidate, would tantamount to allowing him an opportunity to make up deficiency, if any, in submitting nomination papers---Essentially such concession could not be extended to candidate after the expiry of the date for filing of nomination papers, as it would mean that period of filing nomination papers along with Declaration Form XIX had been extended to the benefit of the candidate, which was prohibited in law---Returning Officer had no jurisdiction to procure fresh Declaration Form XIX from the, candidate---Such Form, to all intents and purposes, ought to be kept out of consideration---Principles. Bindra's 7th Edn. 1984 p.678 and Dr.Haq Nawaz v. Balochistan Public Service Commission and others 1996 CLC 58 ref. (b) Interpretation of statutes--- ----Statutory directions to individuals---Principles---When a statute directs things to be done by a private person within specified time and makes his rights dependent on proper…

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