1987 PLP 2956 (MLD)
ABDUL REHMAN — Petitioner Versus FAZAL DAD and another — Respondents
| Citation | 1987 PLP 2956 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Afzal Lone, J |
| Parties | ABDUL REHMAN — Petitioner Versus FAZAL DAD and another — Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979) |
Q1: What are the key laws and sections cited in 1987 PLP 2956 (MLD)?
This judgment primarily cites: Punjab Local Government Ordinance (VI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2956 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Afzal Lone, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2956 (MLD) (ABDUL REHMAN — Petitioner Versus FAZAL DAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Chatha for Petitioner.
- Nemo for Respondents.
- Date of hearing: 14th December, 1982.
Headnotes / Summary
S.24--Punjab Local Councils (Election Petitions) Rules, 1979, Rr. 34(5) & 34(2)(e)--Election petition filed by petitioner otherwise fully satisfying requirements of R.34(5) & R.34(2)(e) of Punjab Local Council (Election Petitions) Rules, 1979, held, could not be thrown away merely on ground that petitioner had not given details of alleged corrupt, illegal practices and undue influence in petition.
Judgment & Decree
Nemo for Respondents. Date of hearing: 14th December, 1982. The petitioner, who was defeated by respondent No. 1 in the election held under the Punjab Local Government Ordinance, 1979, filed an election petition against the latter on a number of grounds, who contested the same and raised the plea that the details of corrupt, illegal practices and .undue influence not having been given, the election petition could not be sustained. These contentions weighed with the Election Tribunal and the election petition was dismissed by order dated 24-11-1979, impugned through this writ petition.
2. Notices by registered post were sent to the respondent as well as to his learned counsel. As per report of the postman, the latter refused to accept the notice. However, the one sent to the respondent, has not been received back. Therefore, the presumption is that he was served. The counsel's refusal also amounts to his service. No one has entered appearance on behalf of respondent No.1 He has, therefore, been proceeded against ex parte.
3. We have heard the learned counsel for the petitioner and examined the available record. He has relied upon only sub-paras (i) and (vi) of para 3 of the election-petition, to contend that the entering of number of the voters on the ballot-papers was an illegally and that the secrecy of the ballot, was also violated. In the submission of the learned counsel, sub-paras (i) and (vi) embody sufficient details for the purposes of the application of clause (3) of sub-rule (2) as also sub-rule (5) of Rule 34 of the Punjab Local Councils (Election) Rules, 1979 and, that, therefore, the election petition could not have been dismissed for want of necessary particulars. 4.On examination of the copy of the election-petition annexed to this file, we find that with regard to sub-rules (2) (e) and (5) of Rule 34 ibid, the election petition fully satisfies the requirements of Rule 5 of the Punjab Local Councils (Election Petition) Rules, 1979, A and at least to the extent of the grounds mentioned in sub-paras (i) and (vi) of para.3 of the election-petition, it could not have been thrown away on the ground which influenced the decision of the learned Election Tribunal.
5. Accordingly, this writ petition is accepted and the impugned order is declared to have been passed without lawful authority. The election-petition shall be treated as pending and in the light of the observations made above disposed of afresh in accordance with law. As respondent No.1 has not appeared to contest this petition, there shall be no order as to costs. H . B . T . / A-203/ L Petition accordingly.