NAZIR AHMAD SIDDIQUI, J.--- Respondent No.2 (Returning Officer, Union Council No.26-Nawan Kot Tehsil Chobara District Layyah) accepted the nomination papers of respondent No. 1, a rival candidate of the petitioner for the seat of Nazim, UC No.26, Tehsil Chobara. This Constitutional petition has been filed to challenge the same.
2. On a Court question as to what for the impugned order of respondent No.2 was not challenged through an appeal as provided under rule 14(4) of Punjab Local Government Elections Rules,. 2005, it is replied by the learned counsel for the petitioner that the impugned order having been passed in utter disregard of a judgment of this Court qua the authenticity of a "Deeni Sanad", was patently void, therefore, the same could have been challenged through a Constitutional petition despite having not availed of remedy of appeal. Adds that the said judgment has been made available in the market, a couple of days ago. Reference has also been made to Zahoor Ahmad v. Mahmood Ali and another PLD 1977 Lah. 1377 and Alain Din and 12 others v. Administrator Auqaf, Azad Government of the State of Jammu and Kashmir, Muzaffarabad and 2 others 1989 CLC 578. It is lastly contended by the learned counsel that the Sanad on the basis of which respondent No.1 claimed to be Matriculate cannot be equated with that of a certificate regarding Matriculation Examination issued by the Secondary Board of the Province.
3. I have considered the submissions and also perused the judgments cited at the bar.
4. It is not denied that an objection was raised to the nomination papers filed by respondent No.1 and after having considered the same, the Returning Officer passed the impugned order dated 24- 7-2005 resulting in acceptance of the said nomination papers, so, this order was well within the knowledge of the petitioner; that this very order has also been displayed on the Notice Board of the office of the. Returning Officer, on the same day; that it has also been noticed in the impugned order of the Returning Officer that, Malik Ghulam Abbas, the candidate for Nazim has his certificate from Madarsa Arbia Tadrees-ul-Qur'an. It is Sanad-ul-Fragh Dars-e-Nizami, the institution is registered and recognized by the Department of Education of North-Western Frontier Province, and this has not been denied; that election is going to be held on 18th August and the election symbol has also been allocated to respondent No. l; the learned counsel has also neither enclosed nor produced the copy of the said judgment passed at the Principal Seat.
5. All the above factors taken together persuade me to hold that there was no justification available with the petitioner for not availing of the remedy of appeal and the judgments cited by the learned counsel for the petitioner, presently, cannot be used advantageously. Hence, this petition being not maintainable stands dismissed.
6. However, it is made clear that petitioner shall remain at liberty to raise all the legal and factual objections including the validity of Sanad of respondent No. 1, through an election petition, in case he succeeds.