2016 PLP 1215 (SCMR)
ABDUL RASHEED and another — Petitioners Versus ELECTION APPELLATE AUTHORITY and others — Respondents
| Citation | 2016 PLP 1215 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam and Umar Ata Bandial, JJ |
| Parties | ABDUL RASHEED and another — Petitioners Versus ELECTION APPELLATE AUTHORITY and others — Respondents |
| Primary Law | Punjab Local Governments (Conduct of Elections) Rules, 2013 |
Q1: What are the key laws and sections cited in 2016 PLP 1215 (SCMR)?
This judgment primarily cites: Punjab Local Governments (Conduct of Elections) Rules, 2013 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 1215 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam and Umar Ata Bandial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1215 (SCMR) (ABDUL RASHEED and another — Petitioners Versus ELECTION APPELLATE AUTHORITY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Javed Akhtar Wains, Advocate Supreme Court for Petitioners.
- Syed Iqbal Gillani, Advocate Supreme Court and Zafarullah Asim, R.O. for Respondents Nos.3, 4 and 5.
- Date of hearing: 3rd December, 2015.
Headnotes / Summary
(On appeal from the judgment dated 28-10-2015 of the Lahore High Court, Multan Bench, Multan passed in W.P. No. 15901 of 2015)
Rr. 12(4) & 14(3)(c)
Punjab Local Government Act (XVIII of 2013), S. 38
Constitution of Pakistan, Art. 199
Alleged concealment of assets and liabilities by candidate
High Court rejecting nomination papers of candidate in its Constitutional jurisdiction
Where the concerned authority under the Punjab Local Government Act, 2013 allowed a candidate to contest the election, the same could not be challenged in writ jurisdiction of the High Court for the reason that such challenge could be thrown in post-election proceedings through an election petition under S. 38 of the Punjab Local Government Act, 2013
Order of High Court rejecting nomination papers of candidate was set aside so as to facilitate him to contest the elections, however Supreme Court observed that the same was without prejudice to the right of the respondents to agitate such controversy, if any, in post-election proceedings. Darya Khan v. Mehran Khan PLD 1974 Kar. 209 ref.
Judgment & Decree
MUSHIR ALAM, J.
Nomination papers of the petitioners were rejected by the Returning Officer vide order dated 16.09.2015 on account of concealment of assets and liabilities required to be disclosed. However, the Appellate Authority, not signing of nomination papers by one of the petitioner, vide order dated 23.09.2015 set aside the order passed by the Returning Officer dated 16.09.2015 with the direction to get the defect rectified from the petitioners in accordance with Rule 14(7) of the Punjab Local Governments (Conduct of Elections) Rules 2013 and since clearance certificate from MEPCO has been submitted by the petitioners to the effect that none of the petitioners is defaulter. However, matter was agitated by the respondents in writ jurisdiction by filing the writ petition before the Lahore High Court, Multan Bench Multan. The learned Single Judge of the High Court seized of the matter by holding that a candidate is bound to declare his asset and liabilities in terms of Rule 12(4) of the Punjab Local Government (Conduct of Elections) Rules, 2013, treated the same to be visited by rejection of nomination, in terms of Rules 14(3)(c) of the Rules.
2. Learned counsel for the petitioners contends that the impugned order is not tenable under the law and as such the same is liable to be set aside as the petitioners have not concealed their assets and liabilities at the time of submission of nomination papers.
3. It may be observed that none of the barring clauses in the disqualifying provision contained in subsection (2) of section 27 of the Punjab Local Government Act, 2013 apply to the case of petitioner.
4. In our view the dictum laid down Darya Khan v. Mehran Khan (PLD 1974 Karachi 209) (para 30 page 222) is also attracted in cases where the authority under the Local Government Act allows a candidate to contest the election, same cannot be challenged in writ jurisdiction in the High Court for the simple reason that such challenge could be thrown in post-election proceedings through Election Petition under section 39 as mandated under the Punjab Local Government Act, 2013.
5. In this view of the matter, this petition is converted into appeal and allowed. The impugned judgment dated 28.10.2015 is set aside and the order of the Appellate Authority dated 23.09.2015 is restored. Let the needful be done to facilitate the petitioners to contest elections. This is however, without prejudice to the right of the respondents to agitate such controversy, if any, in post election proceedings. MWA/A-11/SC Appeal allowed.