2006 PLP 400 (CLC)
ZULFIQAR ALI and another — Petitioners Versus DISTRICT RETURNING OFFICER and 7 others — Respondents
| Citation | 2006 PLP 400 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ZULFIQAR ALI and another — Petitioners Versus DISTRICT RETURNING OFFICER and 7 others — Respondents |
| Primary Law | Punjab Local Government Elections Rules, 2000 |
Q1: What are the key laws and sections cited in 2006 PLP 400 (CLC)?
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 400 (CLC)?
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 400 (CLC) (ZULFIQAR ALI and another — Petitioners Versus DISTRICT RETURNING OFFICER and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Umar Draz for Petitioners.
- Muhammad Yousaf Phiphra for Respondent No.3.
Headnotes / Summary
Rr. 16 & 18
Constitution of Pakistan (1973), Art.199
Constitutional petition
Nomination papers
Rejection of
Nomination papers filed by petitioners for the election of Nazim and Naib Nazim were accepted by Returning Officer and at the time of scrutiny also no objection was filed against such acceptance
Respondents, however filed appeal against acceptance of nomination papers of petitioner and Returning Officer accepted same on the ground that according to report by District Police, petitioner belonged to a banned organization
Supreme Court in another case in which candidates remained associated with a banned organization, were provisionally allowed to contest election and petitioners, therefore, were allowed to contest election provisionally in obedience of said judgment
Order of District Returning Officer was set aside in circumstances.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The petitioners have filed this writ petition in the background that they filed their nomination papers for the post of Nazim and Naib Nazim respectively. The learned Returning Officer accepted their nomination papers. At the time of scrutiny no objection was filed against petitioners' nomination papers. However, respondents Nos.3 and 4 filed an appeal against the acceptance of nomination papers of the petitioners. The learned District Returning Officer accepted the appeal vide his order, dated 3-8-2005 on the ground that a report by D.P.O. Jhang was produced according to which, the petitioner belonged to a defunct Organization.
2. I have heard the learned counsel for the parties, in the recent judgment of Honourable Supreme Court in C.P.L.A. No.1496-L of 2005, leave has been granted on several points; one of the points is whether a finding of fact could be rendered in a civil petition that prima facie petitioner No.2 remained associated with a banned organization and could his nomination papers be rejected on this ground without there being any evidence? The candidates in the above case were provisionally allowed to contest the forthcoming elections in obedience of the above judgment, this writ petition is allowed. The petitioners are also allowed to contest provisionally the upcoming Local Bodies Election. The order of the respondent/learned District Returning Officer dated 3-8-2005 is set aside. H.B.T./Z-136/L Petition allowed.