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2005 CLC 1876

Mst. SAFIA BIBI vs RETURNING OFFICER, DARGAI and 4 others

Citation2005 CLC 1876
CourtPeshawar High Court
Case No.Writ Petition No.1383 of 2005
Date2005-08-10
Judge(s)Muhammad Qaim Jan Khan, Salim Khan
ResultPetition dismissed

' SALIM KHAN, J.--- Mst. Safia Bibi came to this Court with the present writ petition with a request that her nomination papers be accepted because her proposer had signed her nomination papers and the non-filing of the nomination papers was merely an irregularity. We heard the learned counsel for the petitioner as well as the learned Additional Advocate-General for the official respondents, on notice by the Court, and perused the record.

2. The name, parentage and number in the voters list of the) proposer and the seconder as well as the name of the Union Council and the Ward have been left blank in the nomination papers. There is some signature at the space meant for the proposer, but there is no signature or thumb- impression at the space meant for the seconder. This is an exemplary incomplete nomination paper and merited rejection, which was done. The appeal was also properly dismissed.

3. The petitioner was not a properly nominated candidate. There was no proof on record that who was her proposer or seconder. A time limit had been fixed for submission of complete nomination papers, but the petitioner failed to find out a proposer and a seconder for herself at the proper time. She could not be given extended time to fill up the lacunae. The other candidates are not made parties to the proceedings by the petitioners, but valuable rights have accrued to those candidates by the rejection of nomination papers of the present petitioner. They cannot be condemned unheard.

3. We do not find any merit in this writ petition, which is dismissed.

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