P L D 2005 Peshawar 259 (PLP)
Mst. JANAT ZARA — Petitioner Versus DISTRICT RETURNING OFFICER/DISTRICT AND SESSIONS JUDGE, HANGU and 3 others — Respondents
| Citation | P L D 2005 Peshawar 259 (PLP) |
| Forum / Court | |
| Bench Members | Muhammad Qaim, Jan Khan and Salim Khan, JJ |
| Parties | Mst. JANAT ZARA — Petitioner Versus DISTRICT RETURNING OFFICER/DISTRICT AND SESSIONS JUDGE, HANGU and 3 others — Respondents |
| Primary Law | North-West Frontier Province Local Government Ordinance (XIV of 2001) |
Q1: What are the key laws and sections cited in P L D 2005 Peshawar 259 (PLP)?
This judgment primarily cites: North-West Frontier Province Local Government Ordinance (XIV of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2005 Peshawar 259 (PLP)?
The case was heard and decided by the bench comprising: Muhammad Qaim, Jan Khan and Salim Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2005 Peshawar 259 (PLP) (Mst. JANAT ZARA — Petitioner Versus DISTRICT RETURNING OFFICER/DISTRICT AND SESSIONS JUDGE, HANGU and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naved Maqsood Sethi for Petitioner.
- Muhammad Ayaz, Dy. A.-G. for Respondents.
- Date of hearing: 9th August, 2005.
Headnotes / Summary
S. 87
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Rejection of nomination papers
Petitioners Submitted nomination papers with the intention that she was contesting as candidate for seat reserved for women, but she was issued Form for the seat of Muslim (General) which she submitted
Returning Officer rejected said form on the ground that petitioner was a lady who was not allowed to contest election on seat for Muslim (General)
Appeal of the lady was also rejected by District Returning Officer
According to S.87 of North-West Frontier Province Local Government Ordinance, 2001, only two seats were reserved for Muslim women and only women could contest against said seats, but seats for Muslim General were open to male as well as female because those seats were not reserved only for male persons
Form, though could not be changed at the time of scrutiny and Petitioner could not be allowed to contest on seat reserved for women, but Returning, Officer and District Returning Officer, did not properly interpret relevant law as petitioner was eligible for contesting election against seat for Muslim (General) and her Form for said seat should have been accepted, if not found defective on any other ground
Form/application of petitioner submitted for seat of Muslim (General) tvas fit for acceptance against said seat
Constitutional petition was admitted and allowed to the effect that petitioner was a candidate for the seat of Muslim (General) of Union Council; that she had to be enlisted in the list of contesting candidates for said seat; that a symbol had to be it allotted to her; that she would stand allowed to contest against said seat; and that result would have to be announced in accordance with election laws/rules.
Judgment & Decree
SALIM KHAN, J.
The nomination papers of Mst. Janat Zara, petitioner, were submitted with the intention that she was contesting candidate for the seat reserved for women of Union Council Dalan of Tehsil Tall in District Hangu. But, she was issued Form for the seat of Muslim (General), which she submitted. The learned Returning Officer rejected the said form on the ground that the petitioner was a lady, who was not allowed to contest election on the seat for the Muslim (General). Her appeal to the learned District Returning Officer/District and Sessions Judge, Hangu, was also rejected with the observations that the form for the seat of Muslim (General) was different from the Form for the seat of Muslim (Women), and that the petitioner had not filed proper nomination form, which could not be remedied at this stage. We heard the learned counsel for the petitioner, and the learned D.A.G. for the State, on notice by the Court. We also perused the available record.
2. According to section 87 of the N.-W.F.P. Local Government Ordinance, 2001, only two seats are reserved for the Muslim Women and only women can contest against the said seats. But, the seats for Muslim General are open to male as well as women because these seats are not reserved only for male persons. It is true that the Form could not be changed at the time of scrutiny, and the petitioner could not be allowed to contest on the seat reserved for women. But, the learned Returning Officer and the learned District Returning Officer did not properly interpret the relevant law, as the petitioner was eligible for contesting election against the seat for Muslim (General), and her form for the said seat should have been accepted, if not found defective on any other ground. As no other ground of defect and rejection has been shown by any of the two Forums, the Form/application of the petitioner submitted for the seat of Muslim (General) is fit for acceptance against the said seat.
3. We, therefore, admit the present writ petition for full hearing, and allow it to the effect that the petitioner is a candidate for the seat of Muslim (General) of Union Council Dalan, Tehsil Tall, District Hangu, that she has to be enlisted in the list of contesting candidates for the said seat, that a symbol has to be allotted to her, that she shall stand allowed to contest against the said seat, and that the result shall have to be announced in accordance with the election laws/rules. H.B.T./486/P Order accordingly.