Law: Punjab Local Government Election Rules 2005

Section: 12(4)

Law: Civil Procedure Code (V of 1908)

Section: 99,O.I,R.10

(a) Punjab Local Government Elections Rules, 2005---R. 12(4)---Fresh elections---Notorious disqualification, principle of---Applicability---Disqualification of returned candidate having not been found to be not `notorious' invariably fresh election on vacant seats to be held though disqualification may relate to concealment of any fact required to be correctly and truly given in prescribed declaration filed with nomination paper by a candidate or affect to his candidature as a validly nominated candidate or to his eligibility to contest the election, therefore, in absence of any mandate provided by law or under Punjab Local Government Elections Rules, 2005, it cannot be claimed with inflexibility where disqualification was not `notorious' for any act or omission, other candidates who contested election having secured second highest votes to be declared as elected to vacant seats without any exception, is not a just and correct approach to issue without looking into the facts and circumstances of each case warranting otherwise. (b) Punjab Local Government Elections Rules, 2005--- ----R. 12(4)---Fresh elections---Principle of notorious disqualification and throwaway votes---Applicability---Bogus Matriculation certificate---Appellant secured highest votes in election and was notified. to be returned candidate but Election Tribunal declared him disqualified and respondents who secured second highest votes were declared as returned candidates---Judgment passed by Election Tribunal was maintained by High Court in exercise of Constitutional jurisdiction---Plea raised by appellant was that his disqualification was not `notorious' thus principle of `throwaway votes' was not applicable---Validity---High Court failed to exercise jurisdiction by not examining question apparent on the face of record that disqualification of appellant was not notorious and thus principle `throwaway votes' was not applicable---Respondents who secured second highest votes were not entitled to have been declared as returned candidates on the seats which fell vacant on account of disqualification of appellant---Default on the part of returned candidates of their acts and omissions would not…

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