| Case ID |
1501ec22-279b-414f-a42d-f2f752f78180 |
| Body |
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| Case Number |
Election Appeal No. 10 of 2017 |
| Decision Date |
Dec 05, 2017 |
| Hearing Date |
Nov 16, 2017 |
| Decision |
The Lahore High Court dismissed the election appeal under Section 46 of the Punjab Local Government Act, 2013, challenging the order dated 25.04.2017 of the Election Tribunal which had dismissed the election petition filed by the appellants. The appellants claimed to be the returned candidates in the elections held for the positions of Chairman and Vice-Chairman in U.C. No. 101, District Council, Khanewal. The court found that the election petition was not filed within the prescribed 30-day period as stipulated by the Punjab Local Government Act, 2013, and thus was time-barred. The court upheld the decision of the Election Tribunal, confirming that the Limitation Act, 1908, did not apply to the election petition process, and that the appellants had failed to demonstrate sufficient grounds for condonation of delay in filing their appeal. Therefore, the appeal was dismissed with no merit. |
| Summary |
This case involves an election appeal regarding the local government elections held in U.C. No. 101, District Council, Khanewal. The petitioners, MAHAR RIAZ HUSSAIN and another, contested the decision of the Election Tribunal which dismissed their election petition on the grounds of being time-barred. The core issue revolved around the applicability of the Limitation Act, 1908, and the specific time frame set by the Punjab Local Government Act, 2013, which mandates that election petitions must be filed within 30 days of the election results being published. The Lahore High Court, presided over by Justice Ali Baqar Najafi, confirmed the Election Tribunal's ruling, emphasizing that the law of limitation must be strictly adhered to in electoral matters. The appellants argued that the Election Tribunal's order was contradictory and failed to appreciate the relevant sections of the Limitation Act. However, the court found no merit in their arguments, leading to the dismissal of the appeal. This case underscores the importance of timely filing in election-related legal proceedings and clarifies the interaction between local government laws and general limitation statutes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI
|
| Lawyers |
Syed Riaz-ul-Hassan Gillani,
Mr. C.M. Sarwar
|
| Petitioners |
,
MAHAR RIAZ HUSSAIN
|
| Respondents |
2 OTHERS,
MAZHAR IQBAL
|
| Citations |
2018 SLD 2890,
2018 PLJ 1158
|
| Other Citations |
1999 SCMR 155,
1999 SCMR 1123,
PLD 2008 SC 663
|
| Laws Involved |
Punjab Local Government Act, 2013,
Limitation Act, 1908,
Punjab Local Government (Conduct of Elections) Rules, 2013
|
| Sections |
38,
46,
14,
62,
70
|