IFTIKHAR MUHAMMAD CHAUDHRY, C.J. Petitioner and respondent No. 2 filed nomination papers to contest election of Nazim and Naib Nazim respectively from UC-24 Gujrat. After scrutiny respondent No. 2 statedly filed an application before the Returning Officer praying for permission to withdraw from the election. Request so made was accordingly acceded to. The petitioner challenged such^ order before the High Court by filing writ petition without availing the remedy of appeal before District Judge as period for filing of appeal had already expired.
2. Learned counsel stated that respondent No. 2 can only withdraw nomination papers if petitioner gives his consent, otherwise he had to contest election. We are not in agreement with the contention of the petitioner because in this case the respondent had filed an application that he had not filed nomination papers or signed the same, therefore, in such view of the matter the Returning Officer was justified to delete the name of respondent from the election to the office of Nazim and Naib Nazim with the result that the name of the petitioner also stood deleted. According to the Local Council Election Scheme for the election of Nazim a pair is allowed tp contest election and if any one of them retired or withdrew from the election the remaining contestant cannot be allowed to participate in the election alone. Therefore, in such view of the matter the learned High Court was right in declining relief to the petitioner.
3. Thus for the foregoing reasons we see no merit in this petition which is dismissed and leave refused.