Case Details

Citation(s)
2006 SLG 1945 2006 SLD 1945 2006 CLC 214
Lahore High Court
Writ Petition No.14395 of 2005, decision dated: 11-08-2005.
MIAN HAMID FAROOQ, J

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AZHAR ABBAS

VS

DISTRICT JUDGE/DISTRICT RETURNING OFFICER/APPELLATE TRIBUNAL, NAROWAL and another

Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)-------S. 152(1)(r)---Punjab Local Government Elections Rules, 2000, R.18-Constitution of Pakistan (1973), Art.199--- Constitutional petition---Rejection of nomination papers---Returning Officer, of his own accord, rejected nomination papers of petitioner on ground that he was involved in activities prejudicial to the Society, peace and integrity of Pakistan and due to that he was not qualified. to contest elections under S.152(1)(r) of Punjab Local Government Ordinance, 2001---No prima facie evidence and material had been placed on record, either before lower forums or even before High Court in order to demonstrate that petitioner was involved in any activities alleged against him---Was not discernible from record on what basis both forums had found that petitioner was involved in activities prejudicial to integrity of Pakistan---Petitioner could not be ousted from election process and deprived of contesting elections, only on the ground that name of petitioner's brother had been mentioned in the list prepared by D.P.O., especially when said list was questionable---Both lower forums had committed grave error in passing impugned orders---Impugned orders were set aside, nomination papers of petitioner stood accepted and he was allowed to contest elections. Pervaiz Inayat Malik for Petitioner. Muhammad Nawaz Bajwa, A.A.-G. for Respondents Nos.1 and 2. Nemo for other Respondents. Date of hearing: 10th August, 2005. ORDER MIAN HAMID FAROOQ, J.---The petitioner submitted nomination papers for the seat of General Councillor from U.C. No.3 Narowal City, to which no objection was raised. The learned Returning Officer of his own accord rejected the nomination papers of the petitioner on the ground that he is involved in the activities prejudicial to the society, peace and integrity of Pakistan and he is not qualified to contest the elections under section 152(1)(r) of the Punjab Local Government Ordinance, 2001. Petitioner's appeal against the said decision was dismissed by the learned District Returning Officer, vide order dated 3-8-2005, hence the present petition. 2. Learned counsel for the petitioner has contended that…
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