SYED SHABBAR RAZA RIZVI, J.--- The learned counsel has filed this writ petition. According to him petitioner's nomination papers were rejected by respondent No. 2 on 31.7.2005 on the ground that proposer of the candidate who is also contesting election was not present at the time of scrutiny.
The petitioner filed appeal before respondent No. 1 which was also dismissed on 2.8.2005. The respondents were noticed on 10.8.2005, to contest the contention of the learned counsel for the petitioner today i.e. 15.8.2005. None of the respondents have entered appearance. Hence this matter cannot be delayed any more and is being decided.
2. Impending elections are scheduled for 25.8.2005. Learned counsel refers PLD 1984 (General) 154, wherein, it was held that presence of candidate, propose or secondary at the time of scrutiny of nomination papers is not necessary. Scrutiny has been dealt under Rule 14 of the Punjab Local Government Election Rules, 2005 which requires that scrutiny of nomination papers shall be open to the candidates, their election agents, proposes and secondary, or the persons who made representations or objections against the nomination papers, and any voters of the local area concerned who obtain permission from the Returning Officer, before the commencement of the scrutiny, and the Returning Officer shall give all those present reasonable opportunity for examining all nomination papers delivered to him under rule 12, sub-rule (2) requires that the RO shall, in the presence of the persons attending the scrutiny under sub-rule (1), examine the nomination papers and decide any objection raised by any such person to any nomination. Rule 14 does not require mandatory presence of either of the persons mentioned above. The scrutiny is a process for the convenience of candidates, proposers, secondary and voters to raise any objection if they so desire.
3. In the present case, incidentally, no objection was raised by the contesting candidates. The proposer in whose absence the nomination papers were rejected is present in Court, and endorsed the fact that he has proposed the candidate. In view of the contents of rule 14 of the Punjab Local Government Elections Rules, 2005 and case-law relied upon by the learned counsel for the petitioner, this writ petition is allowed. The Returning Officer is directed to allow the petitioner to contest election and In this regard, he will be allowed to avail all the facilities provided under the law. The impugned orders of the respondents Nos. 1 and 2 are set aside. .