Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 2(xxvi) & 152---Term "peasant"---Scope---Candidate filed nomination papers for seat reserved for peasant---Returning Officer rejected nomination papers on the ground that candidate had concealed his assets and he was also an income taxpayer and was declared defaulter in matter of government dues---Order passed by Returning Officer was upheld by District Returning Officer---Candidate. did not utter a single word against findings of both the forums below---Effect---Candidate was not a "peasant" and thus was not qualified to contest election on a seat reserved for "peasant" in terms of provisions of S.152 read with S.2(xxvi) of Punjab Local Government Ordinance, 2001. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---No one should consider constitutional jurisdiction of High Court fragile to misuse or deviate from same to meet his own designs or suitability---Such jurisdiction is exercised only in favour of those who approach Court with clean hands and with genuine grievance. (c) Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 2(xxvi) & 152(2)(b)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Election dispute---Writ of quo warranto---Principle of estoppel---Applicability---Petitioner filed nomination papers for seat reserved for peasant---Returning Officer as well as District Returning Officer, concurrently rejected nomination papers of petitioner on the ground that he was not a peasant---High Court, in exercise of constitutional jurisdiction, allowed petitioner to contest election, result whereof was subject to decision of the constitutional petition---Petitioner was elected against the reserved seat and thereafter he was elected as Naib Zila Nazim---Plea raised by petitioner was that since one election petition was pending against him before Chief Election Commissioner, therefore, the present petition be also "referred there---Validity--Provision of S.152 (2)(b) of Punjab Local Government Ordinance, 2001, was applicable, when it was invoked bona fide---No law was made to be invoked…

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