2016L2579 (PLP)

ZAFARULLAH KHAN KHAKWANI, J.

Through this Constitutional petition, Muhammad Ajmal, petitioner seeks a direction to respondent-Returning Officer to terminate proceedings relating to election for Ward No 4 of Union Council No.136, Rahim Yar Khan on the ground that his father Hazoor Bukhsh, a candidate for the seat of General Member of said Ward has died.

2. Learned counsel for the petitioner submits that Hazoor Bukhsh, a candidate for the seat of General Member of above-mentioned Ward died on 24.10.2015 and application for termination of proceedings of that election under Rule 17 of the Punjab Local Governments (Conduct of Elections) Rules, 2013 was submitted but the same was dismissed by respondent No. 2 on 10.11.2015 without application of judicious mind, as such the impugned order is not sustainable in the eye of law and is liable to be set aside.

3. Learned Standing Counsel, however, contested the petition with vehemence.

4. Rule 17 of the Punjab Local Governments (Conduct of Elections) Rules, 2013 (hereinafter called the Rules) caters for a situation in case of death of a candidate before election. This Rule runs as under:-- "

17. Death of candidate after nomination.

(1) If a contesting candidate dies before the day fixed for poll, the Returning Officer shall, by public notice, terminate the proceedings relating to that election." (emphasis is mine) According to learned Standing Counsel Hazoor Bukhsh (deceased) filed his nomination paper on 7.10.2015 as per mandate of Rule 12 of the Rules. Scrutiny of nomination papers under Rule 14 was made by the Returning Officer on 10.10.2015 and his nomination paper was accepted and he was declared validly nominated candidate. Learned Law Officer further informs that last date for withdrawal of nomination papers under Rule 16 was 6.11.2015 and thereafter symbols were allocated to the validly nominated candidates on 7.11.2015 and after allotment of symbol list of contesting candidates was finally prepared on Form-VII. Rule 17 quoted above postulates that if a contesting candidate dies before the day fixed for poll proceeding to that election shall be terminated. The question is as to whether Hazoor Bukhsh was a 'contesting candidate' or was a 'validly nominated candidate'. The answer lies in Rules 2(g) and 2(y) i.e. definition of these two phrases which may be reproduced for ready reference:-- "2(g) "contesting candidate" means a validly nominated candidate who has not withdrawn his candidature; 2(y) "validly nominated candidate" means a candidate whose nomination has been accepted;" Clause (z) of Rule 2 may also be of relevance and as such is reproduced below: "2(z) "withdrawal day" means a day fixed on or before which candidature is withdrawn." Reading the aforementioned Rule 17 in conjunction with these clauses (g)(y) and (z) would reveal that a person qualifies to be a validly nominated candidate when his papers are accepted after scrutiny. He will remain a validly nominated candidate till passing of day of withdrawal of nomination papers because he may withdraw his nomination papers till final day fixed for withdrawal of his candidature. If he does not do so and once symbol is allocated to him to contest election and Form VII is prepared by including his name, thereafter he is termed as contesting candidate. Title of Form-VII is very much significant which enshrines it as "LIST OF CONTESTING CANDIDATES". Here comes Rule 17 in operation which says that when a contesting candidate dies before the day fixed for poll, the proceedings relating to that election shall be terminated by the Returning Officer. It means that if any candidate dies before passing of day of withdrawal of nomination papers and issuance of Form-VII, he is validly nominated candidate and election proceedings shall continue and if dies after issuance of Form-VII (through which symbols are allocated) then proceedings of the election would be terminated. This is not the position in the present case. At the cost of repetition it is mentioned that Hazoor Bukhsh died on 24.10.2015 whereas List of contesting candidates on Form-VII was prepared on 7.11.2015. As such present case does not fall within the category of contesting candidates indicated in Rule 17 of the Rules. This being the position, I find that the Returning Officer has validly dismissed application of the petitioner.

5. Consequently, I do not find any illegality or irregularity in the impugned order. Resultantly, this petition being devoid of any merits is dismissed. ZC/M-13/L Petition dismissed.