Law:

Section:

Punjab Local Government Elections Rules, 2000---Rr.18(3) & 20---Punjab Local Government Elections Ordinance (V of 2000), S.14---Constitution of Pakistan (1973), Arts. 185(3) & 199--­Election---Withdrawal of candidature---Rejection of nomination papers--­Returning Officer rejected the nomination papers of the candidate as his proposer was himself a candidate for the seat of Nazim---Before the scrutiny, the proposer filed application for withdrawal of his nomination papers--­Returning Officer as well as the District Returning Officer did not allow the proposer to withdraw his papers before scrutiny and consequently nomination papers of the candidate were also rejected---High Court, in exercise of Constitutional jurisdiction, allowed the petition and the orders passed by the Authorities were set aside---Validity---No restraint/embargo existed either under the law or in the Rules for a candidate to withdraw his nomination paper before, scrutiny---Where the proposer had withdrawn his candidature prior to the scrutiny same would not come in his way in proposing the candidate---Supreme Court declined to interfere with the order passed by High Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 11-6-2001 of the learned Single Judge of Lahore High Court. Rawalpindi Bench, Rawalpindi whereby earlier order passed on 5-6-2001 by the District Judge/D.R.O., Election Appellate, Authority, Attock was set aside and nomination papers filed by respondents Nos.3 and 4 were held in order. 2. Facts briefly are that one Muhammad Akram who is not a party in this petition was proposer of the respondents Nos.3 and 4 in Local Bodies Election. He himself was a candidate for the seat of 'Nazim'. However, before the scrutiny of the nomination papers, he made an application on 2-6-2001 to the Returning Officer/respondent No.2 for the withdrawal of his nomination paper. The scrutiny was conducted on 3-6-2001 and the Returning Officer, instead of allowing him to withdraw his nomination paper, rejected the same. Since Muhammad Akram was…

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