' SYED SHABBAR RAZA RIZVI, J.--- The learned counsel for the petitioner submits that respondent No,3 failed to deposit or file her nomination papers on 2/3-11-2006, therefore, her nomination papers were not accepted by the Returning Officer after the due date. However, respondent No,3 filed an appeal before the learned District Returning Officer/Additional District Judge, Kasur on 10- 11-2006, on the ground that she could not file her nomination papers, in time, as she was sick. On ground of sickness, the learned Additional District Judge accepted her appeal and directed the Returning Officer to receive her nomination papers. The learned counsel for the petitioner submits that the learned Additional District Judge could not have allowed the entertainment of nomination papers of respondent No,3 after expiry of the scheduled date. The learned counsel also submits that the medical certificate relied upon by the respondent No,3 and Additional District Judge is also fake and the same was forged. The said doctor, who purportedly issued the certificate, has disowned the certificate on the ground that he was on leave on which date the certificate was apparently issued.
2. Dr. Safdar Iqbal, M.O. D.H.Q. Hospital, Kasur was noticed and respondent No,3 was also noticed. On 17-11-2006, the learned counsel for the respondent No,3 appeared and sought an adjournment which was granted. The office was directed to refix this case in his presence on 20-11-2006 as the election is due on 22-11-2006. Dr. Safdar Iqbal, M.O. Appeared in the Court on 17-11-2006 and categorically stated that the medical certificate was not issued by him and it was a forged document. He further stated that he was on leave on the said date duly approved by the competent authority. Today, the learned counsel for the respondent No,3 has appeared and refused to argue the case on the ground that he was sick and would be available after 2/3 days. As noted above, the case was adjourned for today i,e, 20-11-2006 on the ground that election is going to take place on 22-11-2006. This Court cannot be made hostage by any party or proceeding cannot be regulated for convenience of an individual.
3. I have gone through the order of the learned District Returning Officer who had recorded that respondent No,3 could not file her nomination papers as per schedule 'due to her illness. She applied to the Returning Officer on the next day i,e, 4-11-2006 for filing her nomination papers. She being woman deserves to be encouraged for "participating in the democratic process. This appeal is accepted. The order of the learned Additional District Judge/D.R.O. Kasur clearly shows that respondent No,3 presented her nomination papers on 4-11-2006 after expiry of the fixed date on ground that she was sick on 2-11-2006 and 3-11-2006. The learned Additional District Judge has completely ignored the provisions of rule 12(5) of the Punjab Local Government Elections Rules, 2005. Sub-rule (5) of the rule 12 reads as under:-- "Every nomination paper shall be delivered by the candidate or his proposer or his seconder to the Returning Officer who shall acknowledge the receipt of the nomination papers specifying the date and time of the receipt."
' So the language of sub-rule (5) of rule 12 is unambiguous under which it was not necessary for respondent No,3 to present her nomination papers personally. If she was sick her proposer or seconder would have presented her nomination papers to the Returning Officer. Therefore, decision of the Returning Officer is correct and the impugned order dated 10-11-2006 passed by the learned Additional District Judge/D.R.O., Kasur is illegal and inconsistent with rule 12 of the Punjab Local Government Elections Rules, 2005. The learned Additional. District Judge/D.R.O. Relied upon the medical certificate which has been stated as forged and fake one by Dr. Safdar Iqbal, M.O. D.H.Q.
Hospital, Kasur who stated so in the Court. The statement of the doctor also shows that respondent No,3 approached the learned District Returning Officer with sullen hands, thus, deserves no discretionary relief still relying on the said medical certificate. A person who approaches Court under the constitutional jurisdiction with unclean hands deserves no leniency and favour under the constitutional jurisdiction. This fact may be brought into notice of the learned Additional District Judge before whom this document was used to further proceed against the respondent No,3 in accordance with law.
4. Thus, this writ petition is allowed in the above terms and the lc impugned order passed by the learned Additional District Judge/D.R.O. Kasur on 10-11-2006 is set aside and declared illegal, without lawful authority and of no legal effect.