Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 152(1)(i) & 152(2)(a)---Punjab Local Government Elections Rules 2005, R.14(2) & Form XIX---Constitution of Pakistan (1973), Art.199---Constitutional petition---Declaration in Form XIX, Punjab Local Government Elections Rules, 2005---Concealment of certain assets---Rejection of nomination papers by Returning Officer---Appeal against---Contention of candidate was that in absence of any declaration on the mandate of section 152(2) of Punjab Local Government Ordinance, 2001 by the Chief Election Commissioner, order of Returning Officer was not sustainable---Validity---Provisions of section 152(2) of the Ordinance had been inserted in Punjab Local Government Ordinance, 2001 to cater the post-election scenario because proceedings of disqualification under section 152(1) of the Ordinance had to be initiated on application made by any person or by Chief Election Commissioner on his own motion and Election Commission or any authority authorized by it might issue notice to show cause to a member, Nazim, as the case might be---Candidate having not disclosed his actual assets, Returning Officer, had jurisdiction to reject nomination papers of such candidate. Qaiser Rashid Bhatti and 3 others v. Secretary, Government of the Punjab, Local Government Commission, Lahore and 3 others 2003 CLC 1936 and Abbas Khan and another v. Appellate Authority, District and Sessions Judge, Attock 2002 SCMR 398 ref. (b) Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 2(xix), 2(xxiii) & 2(xxiv)---"Member", "Naib Nazim" and "Nazim"---Meanings---Words "member", "Naib Nazim" and "Nazim" as used and defined in section 2(xix), (xxiii) & (xxiv) of Punjab Local Government Ordinance, 2001 mean the elected member, Naib Nazim and Nazim of their Council. (c) Punjab Local Government Ordinance (XIII of 2001)- ----S. 152(1)(h)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Disqualification on the ground of having committed moral offence---Contention of candidate was that he was removed from service on disciplinary grounds, therefore, provision of section 152(1)(h) was not attracted in his…

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