' MUSHTAQ AHMAD TARAR, J.--Through this constitutional petition the petitioner has challenged the order dated 4.11.2015 passed by respondent No, 1, whereby respondent No, 1 dismissed the appeal of the petitioner filed against the order dated 26.10.2015 passed by the Returning Officer-respondent No, 2 for dismissal of the application of the petitioner for withdrawal of his nomination papers,
2. Learned counsel for the petitioner contended that the petitioner filed application for withdrawal of his nomination papers under Rule 16 of The Punjab Local Government (Conduct of Elections)
Rules, 2013 in time and the Returning Officer illegally dismissed his application vide order dated 26.10.2015; that he filed appeal before the Appellate Authority but the same was also dismissed on wrong assumption and on the basis of alleged advice of the Provincial Election Commission dated 22.10.2015 which was against the statutory provisions of the Punjab Local Government Act, 2013 and the Rules above referred; that no one can be compelled to contest the election against his wishes and under Rule 16 referred above the petitioner was fully competent to withdraw his nomination papeRs,
3. On the other side, learned Standing Counsel contended that the petitioner submitted the nomination papers for election of Vice Chairman U.C. No, 164, Jalalpur Pirwala District Multan along with respondent No, 3 candidate of Chairman, as joint candidature and the petitioner was not competent or authorize to withdraw the nomination papers without consent or signature of the candidate of Chairman.
4. Learned counsel for respondent No, 3 supported the orders of Returning Officer as well as the Appellate Authority and contended that as nomination papers were submitted by the petitioner and respondent No, 3 in panel as joint candidature, the petitioner has no authority to withdraw the same without consent or signature of respondent No, 3.
5. Arguments heard, record perused.
6. The record reveals that the petitioner and respondent No, 3 submitted nomination papers in a panel as joint candidature whereby the respondent No, 3 was candidate for Chairman and the petitioner was candidate for Vice Chairman to contest the election of U.C. No, 164 Jalalpur Pirwala District Multan. The nomination papers of petitioner and respondent No, 3 were accepted by respondent No, 1 on 13.10.2015. Thereafter on 14.10.2015, the petitioner moved application for withdrawal of his candidature nomination papers, before the Returning Officer which was dismissed on 26.10.2015 and the appeal of the petitioner was dismissed by respondent No, 1 on 04.11.2015.
7. The moot point in this case is as to whether the petitioner who submitted joint nomination papers in the panel along with respondent No, 3 as joint candidature for Chairman and Vice Chairman can withdraw the nomination papers at his own without consent or signature of respondent No, 3 who was candidate for Chairman in the panel with the petitioner.
8. First I would like to refer and discuss the provisions of Section 13 of the Punjab Local Government Act, 2013 which provide that a Union Council shall consist of directly elected Chairman and Vice Chairman, as joint candidates along with six general members, one from each ward of the Union Council. The Rule 12 of the Punjab Local Government (Conduct of Elections) Rules, 2013 deals with the mode and manner for submission of nomination papers to contest the election of Local Government. The Rule 12(3)(b) of the Rules supra provides as under:-- "Rule 12. Nomination for elections. (I) the Returning Officer shall, as soon as may be, after the announcement of the Election Schedule under rule 11, give a public notice in Form-1 inviting nominations specifying the date(s), time and the place at which nomination papers shall be received by the Returning officer.
(2) ........................
(3) Every nomination of a candidate shall be made for an election of:
(a) ...................
(b) a Chairman and Vice Chairman of a Union Council as joint candidates, by a nomination paper in Form-H (B), signed by both the proposer and seconder and shall, on solemn affirmation made, be signed by both the joint candidates.
9. The provisions of Rule 12 (3) (b) above referred clearly show that in the case of election for Chairman and Vice Chairman of a Union Council the candidates for the said offices have to submit joint nomination papers on the prescribed proforma signed by both the candidates of Chairman and Vice-Chairman as well as their proposer and seconder.
10. The provisions of Rule 14(6) of the Rules ibid provide that in case of joint candidacy, the rejection of the nomination of either a Chairman or a Vice Chairman or a Mayor or a Deputy Mayor shall be construed as rejection of both candidates for Chairman or Vice Chairman or the Mayor or Deputy Mayor, as the case may be.
11. Now comes the provisions of Rule 16 of the Rules ibid which deal with the withdrawal and retirement of candidate. For proper appreciation I would like to refer Rule 16 as under:-- "Rule 16. Withdrawal and retirement:---(1) Any validly nominated candidate, or as the case may be, joint candidates may, by notice in writing signed by the candidate or candidates and delivered to the Returning Officer on or before the withdrawal day, either by the candidate in person or by an agent, duly authorized in this behalf in writing by such candidate, withdraw his candidature, as the case may be, and such notice shall not be open to recall or cancellation.
(2) the authorization in favour of an agent shall be attested by the Oath Commissioner or a Notary appointed under the Notaries Ordinance, 1961 (XIX of 1961).
(3) On receiving a notice of withdrawal under sub-rule (1), the Returning Officer shall, if he is satisfied that the signatures on the notice are that of the candidate, cause a copy of the notice to be affixed at a conspicuous place in his office.
(4) The Returning Officer shall, on the day next following the withdrawal day, if the number of candidates is more than the seats fixed for each category, allocate symbols and prepare in Form- VII, a list of contesting candidates for each category of seats separately, and publish the same at a conspicuous place in his office and shall immediately provide a copy thereof to the Election Commission or such other officer as may be authorized in this behalf.
(5) A contesting candidate may, in the manner specified in sub-rule (I), retire from the contest on any day not later than four days before the polling day.
(6) As far as possible, the provisions of sub-rules (I), (2) and (3) shall apply to the retirement from contest under sub-rule (5), and a contesting candidate so retired shall be deemed to have withdrawn his candidature under sub-rule (1).
(7) The Returning Officer shall delete the name of the candidate who has retired from the contest under sub-rule (5) from the list of contesting candidates already prepared in Form VII and shall prepare a revised list in the manner laid down in sub-rule (4).
12. The provisions of Rule-16 provide that in case of individual candidate, said individual candidate can file application or he can submit notice in writing signed by him before the Returning Officer for withdrawal of his candidature, whereas, in case of joint candidates the said notice or application must be signed by both the candidates.
13. According to the above discussed provisions of Section 13 of the Punjab Local Government Act, 2013 and the Punjab Local Government (Conduct of Elections) Rules, 2013, the Chairman and Vice Chairman of Union Council have to contest the election in a panel as joint candidates, they are bound to submit the joint nomination papers signed by both of them as well as their proposer and seconder and the Returning Officer during scrutiny has to accept or reject their nomination papers jointly and not individually. Likewise, for withdrawal of joint nomination papers which were submitted by candidates of Chairman and Vice Chairman while putting their signatures on it, both the said candidates will have to sign the application or notice for withdrawal of their nomination papers before the Returning Officer. In individual capacity neither the candidate for Chairman nor candidate for Vice Chairman can withdraw the joint nomination papers submitted by them in the panel as joint candidature. The upshot of the above discussion and observations is that the petitioner being candidate with respondent No, 3 for Vice Chairman of Union Council No, 164 Jalalpur Pirwala District Multan has no right to withdraw joint nomination papers at his own without consent and signature of respondent No, 3.
14. For the foregoing reasons, I am of the clear view that respondents Nos. 1 and 2 while passing the orders dated 4.11.2015 and 26.10.2015 respectively have committed no illegally or miscarriage of justice and they have passed the impugned. orders in accordance with law. Resultantly, I find no merits in this writ petition and the same is dismissed.