MAULVI ANWARUL HAQ, J.--- Respondent filed his nomination papers for a seat reserved for minority in the Provincial Assembly. The nomination papers were rejected by the learned Returning Officer on 3-12-2007 holding that his name is not appearing in the party list. An appeal filed by Respondent No. 3 (E.A. 108-R/07) has been allowed by a learned Election Tribunal on 8-12-2007. We may note here that in the list the name of father of Respondent No. 1 namely Peter Gill was mentioned and the operative part of the impugned order reads as follow:--- "In this view of the matter, we allow this appeal and direct inclusion of appellant's name in the list of validly nominated candidates by substituting appellant in place of Peter Gill, in Priority List of party."
2. Learned counsel for the petitioner argues with reference to Article 8-F of the General Election Order, 2002 and Section 47-A of the Representation of the People Act, 1976 that admittedly the name of Respondent No. 3 having not been mentioned in the party's list, the nomination papers were lawfully rejected by the Returning Officer and the impugned order directing substitution of the name of Respondent No. 3 is without lawful authority.
3. Learned counsel for the contesting Respondent No. 3, on the other hand, contends that the nomination papers were filed on 26-11-2007 and before the scrutiny Respondent No. 2 who is the Chairman of the Political party in question had addressed letter (Annex.D to the written statement) to the Provincial Election Commission for the said change of names. He also refers to Annex.A which is copy of an application filed by Respondent No. 3 for obtaining the ticket of the said party.
4. We have gone through the pleadings as also the documents being relied upon by the said parties. Mr. Peter Gill is the father of Respondent No. 3. He applied for the party's ticket (Annex-B) to the writ petition. The list of candidates for the minority seats in the Provincial Assembly is Annex-C and it bears the name of Mr. Peter Gill at serial No. 4 while the name of petitioner papers at Serial No. 6. The name of Respondent No. 3 appears nowhere. Vide letter Annex. D to written statement the Chairman of the political party requested for correction of name of Mr. Peter Gill as Aamer Gill i.e. Respondent No. 3. The Returning Officer rejected the papers Put the learned Election Tribunal has passed the order as reproduced above.
5. Article 106(3)(c) of the constitution provides that members to fill seats reserved for non-Muslims allocated to a Province (in the case of Punjab eight seats) allocated under Article 106(1) shall be elected through proportional representation system of political parties, list of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly.
6. For the purposes of the present proceedings the law referred to in the said Constitutional provisions is Article 8-F of the Conduct of General Elections Order, 2002 and Section 47-A of the Representation of the People Act, 1976. Both the provisions are similarly worded as reproduced hereunder:- Party lists for reserved seats, etc.---(1) For the purpose of election to seats reserved for women and non-Muslims in the National Assembly and Provincial Assemblies, the political parties contesting election for such seats shall within the period fixed by the Election Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the Chief Election Commissioner or, as he may direct, with the Provincial Election Commissioner, who shall forthwith cause such lists to be published for information of the public-at-large.
(2) The parties' lists referred to in clause (1) may contain as many names of additional candidates as political party may deem necessary for contesting seats reserved for women and non-Muslims to prove for any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seat during the terms of National Assembly and Provincial Assemblies, as the case may be.
(3) Where a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant for death, resignation or disqualification of a member, it shall be filled in by the next person in order of precedent from the party's list of the candidates submitted to the Election Commission under clause (12).
(4) Every candidate contesting election on a seat reserved for women or non-Muslims shall alongwith the nomination papers and other relevant documents submit to the Returning Officer appointed by the Election Commission is this behalf:---
(a) a copy of the party list of the candidate's political party for such seats;
(b) declarations and statements as required by law or rules in support of the nomination and
(c) the fee required under any law for the time being in force for filing nominating paper.
It will be seen, upon a plain reading of the said provision, that the political party concerned is required to file a list of its candidates in order of priority for seats reserved for non-Muslims and there is no dispute that Annexure C to writ petition is the list so filed by the political partly.
7. A reading of clause 2 shows that there is no provision for amendment of the list at any later time and the political parties have been cautioned that the list may contain as many names of additional candidates keeping view the fact that some candidates may be disqualified during the scrutiny of the nominating papers or a seat falling vacant for any reason during the term of the Provincial Assembly. Clause (3) provides the manner in which a seat so falling vacant for any reason is to be filled and this is to be filled in by the next person in order of precedent from the party's list. Clause (4) makes it incumbent upon a candidate contesting election on such a seat to file a copy of the party's list of the candidates for such seats. We have already noted above that the admitted list is Annexure "C" which does not contain the name of the petitioner. We do not find any provision authorizing a political party to amend the list at any time after its filing. It will be seen that the political party has to file the list within time fixed for filing of the nomination papers i.e. In the present case upto 26-11-2007. Annexure 'D' to the written statement bears the date 1-12-2007 i.e. At a point of time after the one fixed for submission of nomination papers. We have already noted above that party has to prepared and file the list keeping in view the eventuality that a candidate's nomination papers may become liable to rejection during the process of scrutiny and reading clauses 2 & 3 together in the event if the papers are rejected or the seat itself falls vacant then the next person in order of precedent from the party's list stands automatically substituted.
8. For all that has been discussed above, this writ petition is allowed. The impugned order dated 8- 12-2007 of the learned Election Tribunal is declared to the without lawful authority and accordingly is set aside. No order as to costs. .