Law: Punjab Local Government Election Rules 2005

Section: 76,77

Law: Punjab Local Government Election Rules 2005

Section: 76,77

Punjab Local Government Ordinance (XIII of 2001)------S. 152(1)(e)---Punjab Local Government Elections Rules, 2005, Rr.65, 76 & 77---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election of Nazim and Naib Nazim---Academic qualification of candidate---Allegation against petitioner to have manoeuvred to obtain matriculation certificate of his namesake and used same while filing nomination papers---Evidence on record showed that both names had same parentage, but their dates of birth, schools and roll numbers differed from each other---Petitioner had failed in matriculation examination---Election Tribunal disqualified petition owing to bogus matriculation certificate and declared respondents as returned candidates---Validity---Election Tribunal was in a position to pass impugned order after recording evidence of parties, which exercise could not be undertaken in constitutional jurisdiction---High Court declined to interfere with impugned order and dismissed constitutional petition. Muhammad Shahzad Shaukat for Petitioners. ORDER SYED SHABBAR RAZA RIZVI, J.--- Petitioners contested election of Nazim and Naib Nazim respectively to the Union Council No.7, Wazirabad Town, District Gujranwala. Petitioners were declared returned candidates and their Notification was issued on 20-8-2005. The respondents Nos.3 and 4 filed an election petition who had lost election against the petitioners. The election petition was filed on the ground that petitioner No.1 was disqualified to contest the election as he was not in possession of a genuine matriculation certificate at the time of filing nomination papers. The election petition was allowed by the learned Election Tribunal vide its order dated 17-2-2007. Learned Election Tribunal framed issue "Whether matriculation certificate filed by respondent No.2 (present petitioner) Shahid Aslam along with his nomination papers is valid or not?" 2. According to the finding of the learned Election Tribunal petitioner manoeuvred to obtain matriculation certificate of his namesake and used the same to file his nomination papers. According to the impugned judgment documents Exh.P.1 and Exh.P.2 very clearly indicate…

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