2006 PLP 578 (MLD)
MUHAMMAD FAROOQ — Petitioner Versus DISTRICT RETURNING OFFICER, JHANG/APPELLATE TRIBUNAL, DISTRICT JHANG and others — Respondents
| Citation | 2006 PLP 578 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD FAROOQ — Petitioner Versus DISTRICT RETURNING OFFICER, JHANG/APPELLATE TRIBUNAL, DISTRICT JHANG and others — Respondents |
| Primary Law | Punjab Local Government Elections Rules, 2000 |
Q1: What are the key laws and sections cited in 2006 PLP 578 (MLD)?
This judgment primarily cites: Punjab Local Government Elections Rules, 2000 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 578 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 578 (MLD) (MUHAMMAD FAROOQ — Petitioner Versus DISTRICT RETURNING OFFICER, JHANG/APPELLATE TRIBUNAL, DISTRICT JHANG and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Ghulam Shabbir Taheen for Petitioner.
- 3. Learned counsel for the petitioner as well as learned Additional Advocate-General has been heard.
- 5. The sole basis for rejection of the nomination papers, as disclosed in the impugned order, is that allegedly the petitioner is a member of the banned organization "Sipha Sihaba". The District Returning Officer has relied solely on a report made by the DPO, Jhang, in this behalf. The learned Additional Advocate-General has filed a copy of the said report, wherein, it has been alleged that the petitioner is an activist of the defunct organization (S.S.) but has not any criminal record against him.
Headnotes / Summary
Rr. 16 & 18
Constitution of Pakistan (1973), Art.199--Constitutional petition
Nomination papers, rejection of
Nomination papers submitted by candidate of Nazim were accepted, but on filing appeal by rival candidate against acceptance of said nomination papers, same were rejected by District Returning Officer on a report of D.P.O. to the effect that candidate was member of banned organization
Candidate though was alleged as an activist of defunct organization, but no criminal record was brought on file against him
Candidate could not be deprived of contesting elections on basis of the report of D.P.O. which was not supported by any material on record
Home Department had not brought anything on record to the effect that candidate was involved in any activity regarding banned organization
Impugned order, in circumstances, could not be maintained, which was set aside and nomination papers of candidate would be deemed to have been accepted to contest elections.
Judgment & Decree
SH. AZMAT SAEED, J.
This writ petition is directed against the order dated 3-8-2005, whereby, the appeal filed by respondent No.2, regarding nomination papers of the petitioner, was rejected.
2. Brief facts. leading to the filing of this writ petition are that the petitioner submitted his nomination papers as a candidate of Nazim for contesting the forthcoming elections from U.C. 93, which were accepted. Subsequently, respondent No.2 filed an appeal against the acceptance of the said nomination papers, which was accepted by the District Returning Officer, who vide the impugned order rejected the nomination papers of the present petitioner.
3. Learned counsel for the petitioner as well as learned Additional Advocate-General has been heard.
4. Private respondents despite service have not entered appearance.
5. The sole basis for rejection of the nomination papers, as disclosed in the impugned order, is that allegedly the petitioner is a member of the banned organization "Sipha Sihaba". The District Returning Officer has relied solely on a report made by the DPO, Jhang, in this behalf. The learned Additional Advocate-General has filed a copy of the said report, wherein, it has been alleged that the petitioner is an activist of the defunct organization (S.S.) but has not any criminal record against him.
6. The petitioner cannot be deprived of from contesting the forthcoming elections on the basis of the said report made by the DPO, Jhang, which is not supported by any material on the record. There is no criminal case against the petitioner. The Home Department has also not brought anything on record to the effect that the petitioner is involved in any activity regarding the banned organization. In this view of the matter, the impugned order cannot be sustained, which is hereby set aside and the nomination papers of the petitioner are deemed to have been accepted to contest the forthcoming elections. The writ petition is accepted in the above terms. H.B.T./M-1385/L??????????????????????????????????????????????????????????????????????????????? Petition accepted.