| Case ID |
3b6c2e56-dc09-452b-94c6-b98b2e568969 |
| Body |
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| Case Number |
Writ Petitions Nos.1211, 1212 and 1275 of 2001/BWP |
| Decision Date |
Mar 16, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petitions, concluding that there is no prohibition against filing multiple nomination papers for the same seat or different seats in local elections, provided that they are proposed and seconded by different individuals. The court clarified that the only restriction is that if a candidate holds an elected office, they must resign before filing for another. In this case, since none of the respondents held an elected office at the time, their nomination papers were valid. The decision emphasized that the provisions of the Punjab Local Government Elections Ordinance and Rules allow for multiple nominations, and the law does not impose penalties for filing multiple papers as long as they follow the specified rules. Furthermore, it was noted that any candidate elected to multiple positions must resign from all but one within 30 days of election to avoid vacancies. |
| Summary |
In the case of Writ Petitions Nos.1211, 1212, and 1275 of 2001, the Lahore High Court addressed the legality of filing multiple nomination papers in local government elections under the Punjab Local Government Elections Ordinance and Rules. The case arose when Muhammad Safdar Shahbaz filed two nomination papers for the position of Nazim, associating different candidates as Naib-Nazim in each. The petitioners challenged the validity of these nominations, arguing that a candidate could only associate one Naib-Nazim in their nomination. The court found that the law does not prohibit multiple nominations for the same or different seats, provided they are submitted by different proposers and seconders. The ruling clarified that the only restriction relates to candidates holding an office who must resign before filing for a new position. The court's decision highlights the permissibility of multiple nominations and the requirement for resignations post-election, reinforcing the legal framework governing local elections in Punjab. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Muhammad Ahmad Kham,
Ch. Riaz Ahmed
|
| Petitioners |
M. JAVED DAULAT ZAI
|
| Respondents |
RETURNING OFFICER/ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAHAWALPUR,
Muhammad Safdar Shahbaz,
Abdul Rahim Shahid,
Iftikhar Javed
|
| Citations |
2002 SLD 1765,
2002 CLC 198
|
| 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 |
14,
13(2),
16(1),
16(6),
16(7),
19,
20,
223
|