Salim Khan, J.--The nomination papers of Mst. Janat Zara, petitioner, were submitted with the intention that she was contesting candidate for the seat reserved for Women of Union Council Dalan of Tehsil Tall in District Hangu But, she was issued form for the seat of Muslim (General), which she submitted. The learned Returning Officer rejected the said form on the ground that the petitioner was a lady, who was not allowed to contest election on the seat for the Muslim (General).
Her appeal to the learned District Returning Officer/District and Sessions Judge, Hangu, was also rejected with the observations that the form for the seat of Muslim (General) was different from the form for the seat of Muslim (Women) and that the petitioner had not filed proper nomination form, which could not be remedied at this stage. We heard the learned counsel for the petitioner, and the learned DAG for the State, on notice by the Court. We also perused the available record.
2. According to Section 87 of the N.W.F.P. Local Government Ordinance, 2001, only two seats are reserved for the Muslim Women and only women can contest against the said seats. But, the seats for Muslim General are open to male as well as women because these seats are not reserved only for male persons. It is true that the form could not be changed at the time of scrutiny, and the petitioner could not be allowed to contest on the seat reserved for women. But, the learned Returning Officer and the learned District Returning Officer did not properly interpret the relevant law, as the petitioner was eligible for contesting election against the seat for Muslim (General), and her form for the said seat should have been accepted, if not found defective on any other ground.
As no other ground of defect and rejection has been shown by any of the two Forums, the form/application of the petitioner submitted for the seat of Muslim (General) is fit for acceptance against the said seat.
3. We, therefore, admit the present writ petition for full hearing, and allow it to the effect that the petitioner is a candidate for the seat of Muslim (General) of Union Council Dalan, Tehsil Tall, District Hangu, that she has to be enlisted in the list of contesting candidates for the said seat, that a symbol has to be allotted to her, that she shall stand allowed to contest against the said seat, and that the result shall have to be announced in accordance with the election laws/rules.