| Case ID |
0a477dc2-1450-43a1-9b5d-6251bc73ab05 |
| Body |
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| Case Number |
W.Ps. Nos. 8771 and 8571 of 2015 |
| Decision Date |
Nov 24, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that a single member of a joint candidature panel cannot withdraw nomination papers without the consent or signature of other members. The Returning Officer's decision to accept the withdrawal of nomination papers was set aside, and the Returning Officer was directed to issue a revised list of candidates including the name of the candidate who had withdrawn. Furthermore, the court upheld the decision of the appellate authority that the omission of some signatures on the nomination papers was a clerical mistake and did not warrant rejection of the nomination papers. |
| Summary |
This case revolves around the joint candidature for the positions of Chairman and Vice-Chairman of a Union Council in Bahawalpur. The petitioner, Mst. Sumera Bano, challenged the withdrawal of her counterpart's nomination papers, arguing that it violated the procedural requirements set forth in the Punjab Local Government (Conduct of Elections) Rules, 2013. The court emphasized the importance of joint consent for any withdrawal and ruled that a candidate could not unilaterally withdraw from a joint panel. This decision highlights the principles of electoral fairness and procedural integrity, ensuring that all candidates in a joint candidature are treated equitably under the law. The ruling also clarified that minor clerical errors in nomination papers should not lead to disqualification, reinforcing the notion of allowing candidates to rectify non-substantial defects. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Zafarullah Khan Khakwani, Justice
|
| Lawyers |
A. R. Aurang Zeb,
Zafar Iqbal Awan
|
| Petitioners |
Mst. Sumera Bano
|
| Respondents |
Additional District and Sessions Judge/Appellate Authority and Others
|
| Citations |
2017 SLD 2498,
2017 YLR 2135
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government (Conduct of Elections) Rules, 2013,
Punjab Local Government Act, 2013
|
| Sections |
12,
16,
27(2)
|