Law:

Section:

Punjab Local Government Elections Rules, 2000-------R. 80---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Declaration of unsuccessful candidates as returned candidate--­Prerequisites---Unsuccessful candidates came to know about the disqualification of returned candidates only after the elections were over---Plea raised by unsuccessful candidates was that in place of returned candidates, they should be declared as returned candidates--­Validity---Votes cast by majority could be considered to be thrown away votes only if the disqualification suffered by winning candidate was so notorious that it could, be safely assumed that the majority in spite of being fully aware of the disqualification proceeded to return such candidate---If the unsuccessful candidates, who were in direct contest with the returned candidates, were not aware of the disqualification then it could not be assumed that majority voters were aware of the same--­Once process of election was completed and majority had expressed confidence in the candidates then unless and until disqualification was attributed to the returned candidates or such other grounds as were prescribed by law, were made out, the election of the returned candidates could not be declared to be void---High Court declined to declare the unsuccessful candidates as returned candidates---Petition was dismissed in limine. Syed Saeed Hassan v. Pyar Ali PLD 1976 SC 6; Lal Muhammad v. Muhammad Usman 1975 SCMR 409 and Muhammad Ilyas v. The Returning Officer and others 1981 SCMR 233 ref. Shoukat Aziz Siddiqui for Petitioner. ORDER The petitioners filed an election petition to challenge the election of respondents Nos.2 and 3 to the seats of Nazim and Naib-Nazim in Union Council No.45, Rawalpindi. Vide a judgment dated 29-1-2003 learned Election Tribunal allowed the said election petition and declared the election of respondent No.2 to be void. The petition to the extent of, respondent No.3 was dismissed. 2. Learned counsel for the petitioner contends that learned Election Tribunal ought to have declared his client to be elected instead of the respondent No.2 as Nazim and further that the dismissal of the election…

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