' MAULVI ANWARUL HAQ, J.---The petitioners on the one hand and respondents Nos.4 and 5 on the other filed nomination papers for the seat of Nazim and Naib Nazim in U.C. No.16, District Layyah. An objection was raised before the learned Returning Officer that respondent No.5 is less than 25 years of age as such is not qualified to contest the election in terms of section 152(1)(b) of the Punjab Local Government Ordinance, 2001. The objection was taken with reference to the matriculation certificate relied upon by the respondent No.5 himself wherein the date of birth was recorded as 1-11-1980. The objection was rejected with reference to the birth certificate wherein the year of birth was recorded as 1976. An appeal filed by the petitioners was dismissed by the learned District Returning Officer on 26-7-2005.
2. Learned counsel for the petitioners with reference to the judgment dated 15-8-2005 of the Honourable Supreme Court of Pakistan in C.P. No.2137 of 2005 argues that at the moment the said document would constitute an admission as it is based on information provided by the respondent No.5 himself rendering him incompetent to contest the election under the said law. Learned counsel for the respondent No.5, on the other hand, contends that the date of birth recorded in certificate (Annex 'A') i.e. 8-10-1976 is to be given weight as against the date of birth recorded in the matriculation certificate annexed at page 17 of the paper book. He, however, admits that the said document was produced by the respondent No.5 himself and he relied upon its contents. He also questions the maintainability of this writ petition in view of the constitution of the Election Tribunals by the learned Chief Election Commissioner of Pakistan.
3. I have examined the said documents. There is no dispute that the matriculation certificate was produced by the respondent No.5 himself. Now it has been observed by their Lordships of the apex Court in the said judgment being relied upon by Mian Abbas Ahmad, Advocate, that the document being relied upon by the respondent No.5 mentions the date of birth as 1-11-1980. There is no plea and nothing on record to rebut the presumption raised by the Honourable Supreme Court of Pakistan in similar circumstances that the contents of the said document are based on the information provided by the said respondent No.5 himself. The writ petition accordingly is allowed and the impugned order dated 26-7-2005 passed by the learned D.R.O., Layyah and the order dated 23-7-2005 passed by the learned R.0 accepting the nomination papers of the respondent No.5 and consequently of his co-candidate are declared to be without lawful authority and are set aside as the respondent No.5 was not qualified to contest the election on the day of filing of nomination papers. No orders as to costs.
4. A copy of this order be immediately remitted to the learned District Returning Officer, Layyah.