| Case ID |
17d4ace3-9e55-49c6-8487-65f56eeb4755 |
| Body |
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| Case Number |
W.P. No. 123 of 1992 |
| Decision Date |
May 27, 1992 |
| Hearing Date |
May 27, 1992 |
| Decision |
The Lahore High Court ruled that the election of Sultan Khan as a peasant member of the Zila Council was invalid due to his ownership of agricultural land exceeding the permissible limit. Despite his claims of gifting most of his land to his sons, evidence showed he still owned more than five acres within the relevant timeframe. The court emphasized that the respondent failed to prove his qualification for the peasant seat, leading to the conclusion that his election was initially defective and continued to be invalid. The Writ Petition was accepted, and his election was set aside without imposing costs on the respondent. |
| Summary |
This case revolves around the election of Sultan Khan as a peasant member of the Zila Council, which was challenged by Haji Muhammad Saleem. The petitioner argued that Sultan Khan owned more than five acres of agricultural land, thus disqualifying him for the peasant seat under the Punjab Local Government Ordinance. The court examined the gift deed Sultan Khan presented but found that he still owned land exceeding the limit, and he failed to provide evidence of personal cultivation or status as a landless tenant. Consequently, the court ruled his election invalid. This case highlights the importance of compliance with electoral qualifications and the need for proper documentation in election disputes. It serves as a significant precedent in local governance and election law, underlining the court's role in maintaining integrity in the electoral process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GUL ZARIN KIANI, J
|
| Lawyers |
Raja Abdul Aziz Bhatti,
Mr. Babar Awan
|
| Petitioners |
Haji MUHAMMAD SALEEM
|
| Respondents |
SULTAN KHAN
|
| Citations |
1992 SLD 1029,
1992 CLC 1952
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979)
|
| Sections |
11(1)(b)
|