Joint candidacy

Rule 14(6) of Punjab Local Government (Conduct of Elections) Rules, 2013, it was abundantly clear that joint candidates for the seat of Chairman and Vice-Chairman had to share the fate of acceptance/rejection of nomination papers with each other

In the event of rejection of nomination of one of the candidates, the nomination papers of the joint candidates would be rejected and that the other candidate should automatically be deemed to be ineligible for elections

No legislative restraint existed in a joint candidature, uptil the stage of voluntary withdrawal of the nomination papers, so that any one of the joint candidates could withdraw his/her nomination papers from the joint candidature

In case of joint candidacy, it was to be assumed that both the candidates had an inseparable bond in terms of their ideology, common goals, purpose of public services etc. therefore, while selecting a co-candidate due caution was exercised so that the co-candidate was not so weak that it could be won-over by opponents

Court could not take away the fundamental rights of a potential candidate, albeit a candidate of a joint candidacy, to exercise his/her right of withdrawing from an election contest during the process of finalization of candidacy when he/she had been provided a right to do so, as per the scheme of the election procedure

Returning Officer had rightly accepted the respondent's withdrawal application and no exception could be drawn therefrom

Constitutional petition was dismissed, accordingly.