| Case ID |
08cafc6f-da52-4914-830b-a9af94f4ed7a |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition.No.3980 of 2001 |
| Decision Date |
Mar 14, 2001 |
| Hearing Date |
|
| Decision |
The High Court allowed the writ petition, setting aside the orders of the Returning Officer and the District Returning Officer. The court determined that the incorrect mention of the ward number in the candidate's nomination papers was a clerical error and that the Returning Officer should have permitted the correction. The court emphasized that nominations should be treated liberally, allowing for corrections of clerical mistakes. The petitioner was instructed to approach the Returning Officer to correct the ward number to 161/6. |
| Summary |
In the case of Abdul Majeed Lodhi vs Returning Officer, the Lahore High Court addressed the issue of a clerical error in a candidate's nomination papers for local government elections. The petitioner had mistakenly mentioned the ward number as 163/6 instead of the correct number. The Returning Officer rejected the nomination papers based on this error. The petitioner appealed the decision, arguing that the error was merely clerical and should have been corrected. The High Court ruled in favor of the petitioner, emphasizing the need for flexibility in handling clerical mistakes in legal documents. This case highlights the importance of fair election processes and the judicial system's role in ensuring that technicalities do not prevent eligible candidates from participating in elections. Keywords: clerical error, nomination papers, local government elections, Lahore High Court, fair elections. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Mian Muhammad Aslam,
Jahangir Wahla, A.A.G.
|
| Petitioners |
ABDUL MAJEED LODHI
|
| Respondents |
5 others,
RETURNING OFFICER, HALQA N0.156 TO 163, TEHSIL KAMOKI, DISTRICT GUJRANWALA
|
| Citations |
2001 SLD 2510,
2001 CLC 1160
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Elections Ordinance (V of 2000),
Punjab Local Government Elections Rules, 2000,
Constitution of Pakistan (1973)
|
| Sections |
13,
14,
18,
9,
10,
16,
199
|