Salim Khan, J.--Sher Ghazi, Fazal Haq, Abdur Rauf and Maulvi Didar Shah petitioners contended that they contested election for the Muslim General Seats of Union Council, Dassu on 25.8.2005, that election symbols were allotted to various candidates including the Petitioners and Respondents Nos, 5 to 14, that Petitioners Nos, 1 to 4 were declared successful/returned candidates initially, that the District Returning Officer, Kohistan, on the application of four contesting candidates, vide impugned order dated 27.8.2005, ordered fresh election/polling to be held on 8.9.2005 at 8 a.m. The petitioners contended that the order dated 27.8.2005 was illegal, without lawful authority and of no legal effect. Hence this writ petition'.
2. The learned counsel for the petitioners contended that the elections were properly held and the District Returning Officer could not, declare the same null and void and could not declare re- polling/re-election.
3. We heard the arguments of the learned counsel for the parties and perused the record including the impugned order dated 27.8.2005 of the learned District Returning Officer, Kohistan.
4. The order of the learned District Returning Officer clearly mentions that symbols were allotted wrongly, and the symbol of bucket was allotted to Qalar Shah which was already allotted to Dildar in the same Union Council, and that the symbols allotted to Qalar Shah, Ehsanud Din, Abdur Rauf and Spinzar (Umbrella, Chair Mango and Motor Car) were not available on the ballot papers.
5. Rule 20 of the N.W.F.P. Local Government (Conduct of Elections) Rules, 2005 deals with the allotment of symbols. Such allotment is a pre condition to a valid election. In the instant case, symbols were not properly allotted and printed on the ballot papers, therefore, the election by itself was null and void. The order of the District Returning Officer, therefore, was not only legal and proper but with the exercise of conferred jurisdiction, as he was the Incharge of elections.to be conducted within the District to which he was appointed as District Returning Officer.
5. We, therefore, do not find any merit in the present writ petition which is hereby dismissed.