1981 PLP 1047 (CLC)
ABDUL RASHID KHAN‑Petitioner Versus ELECTION TRIBUNAL/DISTRICT AND SESSIONS JUDGE,
| Citation | 1981 PLP 1047 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL RASHID KHAN‑Petitioner Versus ELECTION TRIBUNAL/DISTRICT AND SESSIONS JUDGE, |
| Primary Law | (c) Punjab Local Government Ordinance (VI of 1979)‑, (a) Punjab Local Government Ordinance (VI of 1979)‑, (b) Punjab Local Government Ordinance (VI of 1979)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1047 (CLC)?
This judgment primarily cites: (c) Punjab Local Government Ordinance (VI of 1979)‑, (a) Punjab Local Government Ordinance (VI of 1979)‑, (b) Punjab Local Government Ordinance (VI of 1979)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1047 (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: 1981 PLP 1047 (CLC) (ABDUL RASHID KHAN‑Petitioner Versus ELECTION TRIBUNAL/DISTRICT AND SESSIONS JUDGE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muzafar Qadir for Petitioner.
- Ex parts. Maqbool Elahi Mahk for Respondent No. 2.
- A. W. Butt for Respondent No. 3.
Headnotes / Summary
S. .25 read with Punjab Local Council (Elections) Rules, r. 15-- Election Tribunal‑Election Tribunal declaring election of returned candidate void and declaring-elected candidate securing next highest number of votes‑Tribunal not considering fact of only a minority of voters having voted for candidate declared elected also not keeping in view provisions of r. 15, Punjab Local Council (Elections) Rules attracted to case and participation of third candidate in election having materially affected result of election‑Declaration given in favour of third candidate, held, suffers from arbitrariness in circumstances.
Judgment & Decree
Raja Muhammad Afzal Khan v. Ch. Manzoor Elahi and others P L D 1975 Lah. 1276 rel. (b) Punjab Local Government Ordinance (VI of 1979)‑
‑‑ S. 34‑Resignation from membership‑Gazette Notification regarding resignation of Member of Local Council‑Held, does not take effect from date of issue of notification but operates from date mentioned as date with effect from which member concerned resigned.‑(Notification). (c) Punjab Local Government Ordinance (VI of 1979)‑
‑ ‑ S, 28‑Returned candidate having tendered resignation from his membership‑Seat having fallen vacant a new election, held, to be held‑Election Tribunal, on receiving information as to resignation, held, should have disposed of election petition as infructuous. (d) Punjab Local Government Ordinance (VI of 1979)‑ ‑‑‑ S. 2l‑Election‑Disqualification‑Candidate notoriously known as depot‑holder and voters list also mentioning him as depot-- holder‑Held, keeping in view level of legal knowledge and aware ness of average voter, it could hardly be assumed that electors ‑of candidate meant to throw away their votes and inclusion of candi date's name in voters list sufficient warrant for voters to believe candidate having not been disqualified. Muzafar Qadir for Petitioner. Respondents Nos. 1 and 4 to 9 : Ex parts. Maqbool Elahi Mahk for Respondent No.
2. A. W. Butt for Respondent No.