| Case ID |
0ba1165f-ba4f-488d-80b8-0d75e05b3db4 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.4083 of 2001 |
| Decision Date |
Mar 19, 2001 |
| Hearing Date |
Mar 19, 2001 |
| Decision |
The petitioners challenged the acceptance of nomination papers of respondent No.2 for a seat reserved for peasants, arguing that the respondent did not meet the definition of a 'peasant' as per the Punjab Local Government Elections Ordinance, 2000. The court examined the qualifications required to contest elections for such reserved seats, specifically that a candidate must either be a landless worker or a person owning less than five acres of land and entirely dependent on that land for subsistence. The court found that the respondent did not fulfill these conditions as her declaration of assets indicated ownership of land and other properties. Consequently, the court declared the acceptance of the nomination papers as illegal and set aside the orders that had allowed the respondent to contest the elections. |
| Summary |
In the case of Writ Petition No.4083 of 2001, the Lahore High Court addressed the eligibility criteria for candidates contesting elections for reserved seats under the Punjab Local Government Elections Ordinance, 2000. The petitioners, Razia Sultana and another, contested the acceptance of nomination papers of a respondent who claimed to be a peasant. The court emphasized the definition of a 'peasant' as outlined in the relevant ordinance, which specifies that a qualified candidate must be a landless worker or own less than five acres of land and depend on it for sustenance. The court's scrutiny revealed discrepancies in the respondent's asset declaration, leading to the conclusion that she did not meet the necessary qualifications. As a result, the court set aside the acceptance of her nomination papers, reinforcing the legal standards for electoral candidacy. This case highlights the importance of adhering to legal definitions and criteria in electoral processes, ensuring that only eligible candidates represent the interests of specific constituencies. The decision serves as a reference point for future electoral disputes, emphasizing the rigorous application of laws governing election qualifications. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Miss Gulzar Butt,
Mian M. Ayub,
Amir Khan Raja,
Muhammad Jehangir Wahla, A.A.G.
|
| Petitioners |
another,
RAZIA SULTANA
|
| Respondents |
3 others,
RETURNING OFFICER, SIALKOT
|
| Citations |
2001 SLD 2466,
2001 CLC 932
|
| Other Citations |
Ahmad Bakhsh v. The District Judge/Election Tribunal and others PLD 1986 SC 223,
Anwar Ali Cheema v. Muhammad Aslam PLD 1984 Jour. 96,
M. Saifullah Khan v. Muhammad Afzal and 2 others PLD 1982 Lah. 77
|
| Laws Involved |
Punjab Local Government Elections Ordinance (V of 2000),
Punjab Local Government Elections Rules, 2000
|
| Sections |
2(10),
14,
44,
47
|