Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 152,152(2)(e),152(1)(e)

Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 152,152(2)(e),152(1)(e)

Law: Sindh Local Government Elections Rules, 2005

Section: 65,66,72,67,70

Sindh Local Government Ordinance (XXVII of 2001)-------S. 152(2)(e)---Sindh Local Government Elections Rules, 2005, Rr.65, 66, 70 & 72---Constitution of Pakistan (1973), Art.199---Election petition---Maintainability---Qualification of candidate--- Determination---Parties to election petitions---Scope---Although Election Tribunal concluded that returned candidates did not possess required educational qualification, yet the petition was dismissed on the ground that all candidates were not made party to election petition---Plea raised by petitioners was that the candidates who were not made party to the petition were only covering candidates and they . did not even cast votes in their own favour---Validity---Respondents were in possession of degree "Sanad-ul-Faraz" which was obtained from a Madrasah, which was not a recognized institution under the provisions of S.152 of Sindh Local Government Ordinance, 2001---Respondents did not study the subjects English, Urdu and Pakistan Studies in the Madrasah, while obtaining degree of "Sanad-ul-Faraz"---While making interpretation of provisions of law, spirit of law had to lie given prime importance and it was to be seen as to whether other candidates were the real candidates and secondly as to whether any material difference could be made, even if they were joined as respondents in the petition---When respondents, were disqualified from contesting elections, then by merely throwing out petition on technical grounds would give way to perpetuation of illegality, in the sense that respondents would be allowed to occupy seats---High Court declared that respondents were disqualified to contest for the posts of Nazim and Naib Nazim, so they were disqualified to hold the posts----Judgment passed by Election Tribunal was set aside---High Court directed the authorities to hold fresh elections for the posts---Constitutional Petition was allowed accordingly. Sanaullah Khan and another v. District Returning Officer Mianwali and others Civil Petition No.1569/L and Muhammad Ashique v. Additional District Judge, Vehari/Election Tribunal Khanewal Camp at Vehari and others 2005 MLD 1577 rel. Inayatullah Morio for Petitioners.…

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