' The petitioner is a resident of Chak No. 467/EB Tehsil Burewala District Vehari. He being a registered voter in Union Council No. 67 Tehsil Burewala District Vehari submitted his nomination papers for General Councilor in order to contest the Local Government Elections, 2015. The nomination papers were rejected by the Returning Officer vide order dated 17th of September, 2015 on the ground that the petitioner is not enrolled as voter in the relevant ward. The petitioner, feeling aggrieved from the said order filed an appeal before the Appellate Authority which was also dismissed vide order dated 28th of September, 2015, hence this petition.
2. Learned counsel contends that the petitioner was a registered voter in Ward No. 1 Union Council No. 67 and he submitted his nomination papers for contesting the elections, however due to inadvertence the ward number was mentioned as "2" instead of "1". Learned counsel further contends that the petitioner though requested the respondents to allow him to correct the clerical mistake but he was not allowed to do so and his appeal was also dismissed on technical ground.
Learned counsel submits that the impugned order is not tenable under the law.
3. Conversely, learned Standing Counsel who is present on Court's call defended the impugned order and submitted, that no illegality has been committed by the Authority, while rejecting the nomination papers of the petitioner.
4. I have heard the, learned. Counsel for the petitioner as well as learned Law Officer and perused the record.
5. It is evident that Union Council No. 67 Tehsil Burewala District Vehari comprises of various wards including wards No. 1 and 2. The petitioner was registered as voter in Ward No. 1 at Serial No. 212 of the electoral roll list. Similarly his proposer as well as seconder are also duly registered as voters in the same ward. It is the case of the petitioner that while submitting his nomination papers, he mentioned the Ward No. 2 instead of 1 which is due to inadvertence and the same cannot be made basis for rejection of his nomination papers.
6. Section 144 of The Punjab Local Government Act, 2013 gives powers to the Government to make rules for the matter me mentioned therein. In exercise of the powers conferred under said section, the Government of Punjab was pleased to make the rules for regulating the election affairs termed as The Punjab Local Governments (Conduct of Elections) Rules, 2013. Rule 12 of the said Rules deals with the nomination for elections whereas the scrutiny of the nomination papers is to be regulated in terms of Rule 14 of The Punjab Local Governments (Conduct of Elections) Rules, 2013. The nomination papers of the petitioner were rejected by the Returning Officer in terms of Section 27(1)
(c) of the Punjab Local Government Act, 2013 holding that the petitioner is not registered voter in Ward No. 2. The petitioner filed an appeal before the Appellate Authority wherein he pleaded that he is a registered voter in Ward No. 1 of the same union council but due to some inadvertence, while mentioning the name of ward, Ward No. 2 was incorporated instead of Ward No. 1 in the nomination papers. Article 32 of The Constitution of The Islamic of Republic of Pakistan, 1973 make it incumbent upon the State as a principles of policy to encourage Local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women. The petitioner was a valid voter of Ward No. 1 which forms the part of same union council i.e. Union Council No. 67 Tehsil Burewala District Vehari. Similar is the position with his seconder and proposer. There is no other disqualification attributed to the petitioner except that he is not a voter member of Ward No. 1. It appears from the record that the mentioning of Ward No. 2 in the nomination papers is due to some oversight and inadvertence which is not sufficient to deprive the petitioner from a vested right to contest the election for the Local Government. The case of the petitioner is fully covered in sub-rule (7) of Rule 14 of The Punjab Local Governments (Conduct of Elections) Rules, 2013 which is reproduced below for reach reference and convenience:-- "14. Scrutiny.--
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(7)' The Returning officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow such defect to be remedied forthwith, including an error with regard to the name, serial number in the electoral roll or other particulars of the candidate or his proposer and seconder so as to bring them in conformity with the corresponding entries in the electoral rolls."
Bare reading of the above referred sub-rule postulates that it is never the intent of legislature to knock out the contesting candidates of Local Government on the basis of technicalities nor the same can be stretched in a stringent manner on the basis of clerical mistakes.
7. In view of above discussion, I have no doubt in my mind to hold that the rejection of nomination papers by the Returning Officer as well as the dismissal of appeal by way of impugned order dated 28th of September, 2015 is not in accord with the spirit of sub-rule (7) of Rule 14 of The Punjab Local Governments (Conduct of Elections) Rules, 2013. The nomination papers 'cannot be rejected on hyper .Technical grounds.###TE# The petitioner was registered voter of Ward No. 1 which forms part of Union Council No. 67 Tehsil Burewala District Vehari. The instant petition is thus allowed and the impugned order dated 28th of September, 2015 passed by the Appellate Authority as well as the Returning Officer is set aside and consequently, the nomination papers of the petitioner be deemed to be accepted for Ward No. 1 Union Council No. 67 Teshil Burewala District Vehari.