Law: Punjab Local Government Elections Rules, 2000

Section: 76(1)

Law: Punjab Local Government Elections Ordinance, 2000

Section: 14(i)(j)

Law: Constitution of Pakistan 1973

Section: 62(d) & 199

Law: Civil Procedure Code (V of 1908)

Section: O. XIV, R. 1

(a) Punjab Local Government Elections Rules, 2000---R. 76(1)---Election petition ---Procedure--Non framing of issues---Provisions of Civil Procedure Code, 1908-- Applicability--�Provisions of Civil Procedure Code, 1908 are not strictly applicable and Election Tribunal can decide election petition by following C. P. C. as nearly as possible---Non framing of issue is not an irregularity and contrary to the procedure to be adopted by the Election Tribunal.PLD 1990 Lah. 378 and 1994 CLC 2041 ref.(b) Punjab Local Government Elections Ordinance (V of 2000)-------S. 14(i)(j)---Punjab Local Government Elections Rules, 2000, R.76(1)---Constitution of Pakistan (1973), Arts.62(d) & 199--�Constitutional petition ---Election---Concealing of assets---Character of candidate ---Non �framing of issues by' Election Tribunal--�Allegation against returned candidate was that at the time of filing of nomination papers, the candidate had concealed his assets in Form XIX which were in shape of share certificates of a company---Returned candidate asserted that the total assets of the company had already been attached during execution proceedings of and decree passed by Banking Court, therefore, the value of shares was nil or minus---Election Tribunal recorded evidence and allowed election petition; resultantly the election was set aside---Plea of the returned candidate was that the Election Tribunal did not frame any issue and the candidate was prejudiced due to such non framing of issues---Validity---In spite of non framing of issues, the returned candidate tried to dislodge the allegation by producing all oral as well as documentary evidence, therefore, he had not been prejudiced in any manner by non framing of issue by the Election Tribunal; even otherwise framing of issues was not mandatory ---Non �framing of issues was not sufficient to set aside even passed in a civil suit, where framing of issues was mandatory--�Candidate, in the present case, had not been prejudiced in any manner---Election Tribunal had rightly found that the returned candidate had concealed and has not denied the omission on his part by not declaring his assets i. e. shares certificates in Form…