Law: Punjab Local Government Election Rules 2005

Section: 12,12(5)

Law: Punjab Local Government Election Rules 2005

Section: 12,12(5)

Punjab Local Government Elections Rules, 2005-------R. 12(5)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Acceptance of nomination papers, after expiry of scheduled date, on ground of sickness---Validity---Sub-rule (5) of R.12 of Punjab Local Government Elections Rules, 2005 clearly manifests that it was not necessary for a candidate to present his nomination papers personally---Under this rule, if respondent candidate was sick, her proposer or seconder could have presented her nomination papers to the Returning Officer---District Returning Officer completely ignored provisions of law while accepting respondent's nomination papers after expiry of fixed date on ground of illness---Medical certificate relied upon by candidate had been proved forged and fake even the doctor who purportedly issued the certificate had disowned the document---Candidate approached District Returning Officer with sullied hands, hence deserved no discretionary relief---Person who approaches Court with unclean hands deserves no leniency and favour under constitutional jurisdiction. Syed Tayyab Mehmood Jaferi for Petitioner. Ch. Muhammad Din Ansari for Respondent No.3. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel for the petitioner submits that respondent No.3 failed to deposit or file her nomination papers on 2/3-11-2006, therefore, her nomination papers were not accepted by the Returning Officer after the due date. However, respondent No.3 filed an appeal before the learned District Returning Officer/Additional District Judge, Kasur on 10-11-2006, on the ground that she could not file her nomination papers, in time, as she was sick. On ground of sickness, the learned Additional District Judge accepted her appeal and directed the Returning Officer to receive her nomination papers. The learned counsel for the petitioner submits that the learned Additional District Judge could not have allowed the entertainment of nomination papers of respondent No.3 after expiry of the scheduled date. The learned counsel also submits that the medical certificate relied upon by the respondent No.3 and Additional District Judge is also fake and the same was forged. The…

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