Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 158,158(1),158(2)

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 158,158(1),158(2)

Law: Representation of the People Act, 1976

Section: 99,2(xxvi),12,14,15,16,17,37,65

Law: Constitution of Pakistan, 1973

Section: 270AA

Punjab Local Government Ordinance (XIII of 2001)-------S. 158 (as amended)---Representation of the People Act (LXXXV of 1976), Ss.2(vii)(xxvi)(xxvii), 12, 14, 15 & 16---Conduct of General Elections Order (C.E's. No.7 of 2002), Preamble---Dual membership---Not necessary that a Union Nazim or Naib Nazim must resign before filing his nomination papers to become qualified to contest any election under the Conduct of General Elections Order, 2002 or under Representation of the People Act, 1976---Nazim or Naib Nazim may resign from office of Nazim/Naib Nazim to contest election for any other political office after filing nomination papers but before a list of validly nominated candidates is published---Principles. Malik Muhammad Aslam for Appellant. Sardar Zafar Iqbal Tareen for Respondent No.2. Date of hearing: 10th December, 2007. JUDGMENT SYED SHABBAR RAZA RIZVI, J, ELECTION TRIBUNAL.--- We decide the following eight election appeals together by this judgment as similar facts and same legal propositions require adjudication:--- (1) Election Appeal No.22-R of 2007 (2) Election Appeal No.23-R of 2007 (3) Election Appeal No.24-R of 2007 (4) Election Appeal No.37-A of 2007 (5) Election Appeal No.38-A of 2007 (6) Election Appeal No.77-R of 2007 (7) Election Appeal No.134-R of 2007 (8) Election Appeal No.74-R of 2007. 2. The main points require decision in these election appeals are whether bar or disqualification contained in section 158 of the Punjab Local Government Ordinance, 2001, is applicable to candidates contesting for Senate, National Assembly or Membership of Provincial Assembly? If bar is attracted, whether resignation is imperative before tiling nomination papers or after, or during the process of scrutiny of the nomination papers and before the publication of validity nominated candidates. 3. The general elections, scheduled on 8-1-2008 are being held under the Conduct of General Elections Order, 2002 (hereinafter to be called as Order (7 of 2002). The said order was also protected under Article 270-AA of the Constitution. Under section 3 of the Order 7 of 2002, the provisions of this Order shall have effect notwithstanding anything contained in the…

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