| Citation(s) |
|---|
| 2006 SLG 1970 2006 SLD 1970 2006 CLC 243 |
Lahore High Court
Writ Petitions Nos.5221, 5132 and 5549 of 2005, decision dated: 28-09-2005.
MAULVI ANWARUL HAQ, J
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Writ Petitions Nos.5221, 5132 and 5549 of 2005, decision dated: 28-09-2005.
MAULVI ANWARUL HAQ, J
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GHULAM MURTAZA SHAH and anothers
VS
CHIEF ELECTION COMMISSIONER OF PAKISTAN, ISLAMABAD and 4 others
Law:
Section:
Punjab Local Government Ordinance (XIII of 2001)-----------S. 152(1)(b)-Constitution of Pakistan (1973), Art.199---Constitutional petition---Election for the seat of Nazim/Naib Nazim---Disqualification of candidate being under-age---Matriculation Certificates admittedly were filed and relied upon by candidates showing the candidates as under-age, inference would be that entry of date of birth was based on informations provided by the candidates themselves in the forms filled and signed by them---Orders passed by Returning Officer accepting nomination papers of under-age candidates being without lawful authority, were set aside by High Court. C.P. No.2137 of 2005 and Writ Petition No.5659 of 2005 distinguished. Pir Masood-ul-Hassan Chishti for Petitioner. Mehmood Ashraf Khan for Respondents Nos.4 and 5. ORDER MAULVI ANWARUL HAQ, J.--- This judgment shall decide Writ Petition No.5221 of 2005, Writ petition No.5132 of 2005 and Writ Petition No.5549 of 2005 as common questions are involved. 2. Relevant facts necessary to be mentioned in each of the said cases are as under: Writ Petition No.5221 of 2005 Respondents Nos.4 and 5 filed nomination papers to contest elections to the seats of Nazim and Naib Nazim in U.C.76/Burewala, District Vehari. Sajjad Ahmad, respondent No.5 filed Matriculation Certificate (Annexure "E") to demonstrate that he has the said qualification. His date of birth is recorded as 27-6-1983. Papers were objected to by the petitioners but the objections were overruled by the learned R.O. on 19-7-2005. Writ Petition No.5132 of 2005 The respondents Nos.3 and 4 filed nomination papers for contesting election to the seats of Nazim and Naib Nazim in UC-21 Kahror District Layyah. Syed Ghulam-ul-Sayyadin Shah, respondent No.3 relied upon his Matriculation Certificate (Annexure "B") wherein his date of birth was recorded as 2-5-1982. The papers were objected to by the petitioners but objection was overruled by the learned R.O. learned D.R.O. vide order, dated 26-7-2005 dismissed the appeal filed by Muhammad Anwar, petitioner No.1. Writ Petition No.5549 of 2005 Respondents Nos.4 and 5 filed nomination papers to contest elections to the seat of Nazim and…
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