1999 PLP 3177 (MLD)
NEMAT ULLAH GAHI, ADVOCATE and another — Petitioners Versus THE PUNJAB LOCAL COUNCIL ELECTION AUTHORITY through Secretary and 5 others — Respondents
| Citation | 1999 PLP 3177 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NEMAT ULLAH GAHI, ADVOCATE and another — Petitioners Versus THE PUNJAB LOCAL COUNCIL ELECTION AUTHORITY through Secretary and 5 others — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 3177 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3177 (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: 1999 PLP 3177 (MLD) (NEMAT ULLAH GAHI, ADVOCATE and another — Petitioners Versus THE PUNJAB LOCAL COUNCIL ELECTION AUTHORITY through Secretary and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- NEMAT ULLAH GAHI, ADVOCATE and another---Petitioners
- Dr. M. Mohy-ud-Din Qazi for Petitioners.
- Rana Muhammad Arif, Addl .A. G. and Shahid Mubeen, A. A. G. for Respondents Nos. 1 to 3.
- 2. On the other hand the learned Additional Advocate-General argued that the review is competent in view of the provisions of section 17 of the Punjab Local Government Ordinance, 1979. It is added that population of this Union Council was over 15,000, therefore, when the D.C. placed the correct facts the Election Authority proceeded to recall the order.
Headnotes / Summary
S. 17
Punjab Local Councils (Elections) Rules, 1979, R. 7(8)
Constitution of Pakistan (1973), Art. 199
Election Authority has no power to review its order and becomes functus officio after announcement of the election schedule.
Judgment & Decree
Dr. M. Mohy-ud-Din Qazi for Petitioners. Rana Muhammad Arif, Addl .A. G. and Shahid Mubeen, A. A. G. for Respondents Nos. 1 to
3. It is argued that respondent No. 1 had accepted the petition of the petitioner being Petition No. 200-D of 1998, vide order, dated 20th of March, 1998. The representations, revisions and petitions were to be decided within seven days from the date of the appellate order and in case of failure the same were to stand abated as per Rule 7(8) of Punjab Local Council Election Rules, 1979 and the Election Authority became functus officio with the announcement of election Schedule, therefore, the members had no jurisdiction or authority to adjudicate any matter after the said date. For this reason the impugned order, dated 30th of March, 1998 is without jurisdiction.
2. On the other hand the learned Additional Advocate-General argued that the review is competent in view of the provisions of section 17 of the Punjab Local Government Ordinance, 1979. It is added that population of this Union Council was over 15,000, therefore, when the D.C. placed the correct facts the Election Authority proceeded to recall the order.
3. The learned counsel for the petitioner maintained that the figure given by the D.C. is incorrect. The population of the Union Council is 11036 and according to the comments of the D.C. the population was 12068 which was within the limit.
4. We have given our anxious consideration to the arguments advanced on behalf of the parties and gone through the record. There is no provision for review of the order passed by the Election Authority. Moreover, the same became functus officio after the election schedule was announced.
5. The upshot of this discussion is that the order, dated 30-3-1998 of the Election on Authority is declared without lawful authority by accepting this writ petition and order, dated 20-3-1998 is restored. Q.M.H./M.A.K./N-98/L. Petition accepted.