Case Details

Citation(s)
2003 SLG 2438 2003 SLD 2438 2003 CLC 64
Lahore High Court
Writ Petitions Nos.3829 and 3834 of 2001/BWP, decision dated: 27-07-2001.
ABDUL SHAKOOR PARACHA AND TANVIR BASHIR ANSARI, JJ

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Sahibzada FAROOK ANWAR ABBASI and another

VS

APPELLATE AUTHORITY/DISTRICT AND SESSIONS JUDGE, BAHAWALPUR and 9 others

Law:

Section:

(a) Interpretation of statutes------- No provision of enactment should be considered meaningless---Whole statute is to be read in its context. (b) Punjab Local Government Elections Ordinance (V of 2000)--- ----S. 16---Punjab Local Government Elections Rules, 2000, R.16(6)--­Nomination papers:--Filing of .more than one nomination papers---Object and scope---Candidate can tile more than one nomination papers under the provisions of S.16 of Punjab Local Government Elections Ordinance, 2000; so that. in case one is not entertained on account of some technical flaw the candidate does not suffer---Filing of more than one nomination papers does not mean to permit a candidate to file nomination papers having different candidates as Naib-Nazim--- If such construction is given to R.16(6) of Punjab Local Government Elections Rules, 2000, the same would defeat the very purpose of S.16 of the Ordinance---Two nomination papers with two different Naib-Nazims thus cannot be filed. (c) Punjab Local Government Elections Rule, 2000--- ----Rr. 2(xxvi), 16(3)(iii) & 18(3)---Constitution of Pakistan (1973), Art. 199---Constitutional petition- --Election of Nazim and Naib-Nazim--­ Joint candidature---Filing of more than one nomination papers---Two different Naib-Nazims with one Nazim---Dispute was with regard to filing of three nomination papers by the candidate for the seat of Nazim an in each nomination paper, candidate for the seat of Naib-Nazim was a different person---In one set of nomination papers, the candidate for Naib-Nazim withdrew his candidature while in the other set Nazim was willing to contest the elections but Naib-Nazim in the third set refused to withdraw his candidature---Both the nomination papers were rejected by Returning Officer and appeals against the same were also dismissed by the Appellate Authority---Plea raised by the petitioners was that such filing of nomination papers was not a disqualification as mentioned-under R.18(3) of Punjab Local Government Elections Rules, 2000---Validity--­Candidates by submitting two different nomination papers having one Nazim with different Naib-Nazims had violated the provisions of R.16 of Punjab Local Government…
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