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2006 CLC 400

ZULFIQAR ALI And Another vs DISTRICT RETURNING OFFICER And 7 Other

Citation2006 CLC 400
CourtLahore High Court
Case No.Writ Petition No.14346 of 2005
Date2005-08-15
Judge(s)Syed Shabbar Raza Rizvi
ResultPetition allowed

ORDER

SYED SHABBAR RAZA RIZVI, J.---The petitioners have filed this writ petition in the background that they filed their nomination papers for the post of Nazim and Naib Nazim respectively. The learned Returning Officer accepted their nomination papers. At the time of scrutiny no objection was filed against petitioners' nomination papers. However, respondents Nos.3 and 4 filed an appeal against the acceptance of nomination papers of the petitioners. The learned District Returning Officer accepted the appeal vide his order, dated 3-8-2005 on the ground that a report by D.P.O. Jhang was produced according to which, the petitioner belonged to a defunct Organization.

2. I have heard the learned counsel for the parties, in the recent judgment of Honourable Supreme Court in C.P.L.A. No.1496-L of 2005, leave has been granted on several points; one of the points is whether a finding of fact could be rendered in a civil petition that prima facie petitioner No.2 remained associated with a banned organization and could his nomination papers be rejected on this ground without there being any evidence? The candidates in the above case were provisionally allowed to contest the forthcoming elections in obedience of the above judgment, this writ petition is allowed. The petitioners are also allowed to contest provisionally the upcoming Local Bodies Election. The order of the respondent/learned District Returning Officer dated 3-8- 2005 is set aside. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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