| Citation(s) |
|---|
| 2006 SLG 1940 2006 SLD 1940 2006 CLC 104 |
Lahore High Court
Writ Petition No. 16244 of 2005, decision dated: 22-09-2005.
MUHAMMAD MUZAMMAL KHAN, J
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Writ Petition No. 16244 of 2005, decision dated: 22-09-2005.
MUHAMMAD MUZAMMAL KHAN, J
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NADEEM SARWAR
VS
DISTRICT RETURNING OFFICER, FAISALABAD and another
Law:
Section:
(a) Punjab Local Government Elections Rules, 2005-------R. 12---Punjab Local Government Ordinance (XIII. of 2001), S.2(xli)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Nomination for elections of "worker" seat---Nomination papers for a "worker" seat filed by the petitioner before the Returning Officer were rejected on the ground that he did not produce any proof of being a "worker"---Appeal filed by the petitioner against the said rejection was dismissed by the District Returning Officer---Impugned orders of the election officials were challenged by placing reliance on certificate of employer of the petitioner and other documents which showed that he was a "worker" within the meaning of S.2(xli) of the Punjab Local Government Ordinance, 2001---Validity---Petitioner had fulfilled the conditions for filing of nomination papers for the seat of "workef" under R.12 of the Punjab Local Government Elections Rules, 2005---Petitioner had proved himself to be a "worker" by producing certificate of his employer showing that he was working in the establishment for the subsistence where he was undertaking physical labour---Proceedings undertaken by the election officials were summary in nature, therefore, detailed inquiry to find out whether a person was having status of any "worker" was not permissible and they were to accept/reject nomination papers on the basis of material required to be furnished by the R.12, Punjab Local Government Election Rules, 2005 or produced by any objector to challenge the nomination---No choice was left with the election officials to reject the nomination papers of the petitioner in circumstances---Constitutional petition was accepted with the direction to the Returning Officer to include the name of the petitioner in the list of candidates for the "worker seat". (b) Punjab Local Government Elections Rules, 2005--- ----R. 12---Rule 12 of the Punjab Local Government Elections Rules, 2005, interpretation of---Filing of nomination papers, procedure and conditions of---Rule 12 of the Punjab Local Government Elections Rules, 2005 deals with the nomination papers for the election and provides that the Returning Officer…
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