' The petitioner has directed this writ petition against the order dated 26.10.2015 passed by the Respondent No. 1/Appellate Authority, whereby Respondent No. 1 accepted the appeal of Respondent No. 3 against the order dated 10.10.2015 passed by the Returning Officer Respondent No. 2 for rejection of nomination papers of Respondent No.3.
2. Learned counsel for the petitioner contended that the Respondent No. 3 submitted nomination papers for the seat of General Councilor from Ward No. 2 of Union Council No. 56 Manak Pur Tehsil Muzaffargarh, whereas the seconder of petitioner namely Mian Ahmed son of Muhammad Akhtar was voter of Ward No. 3, resultantly the Returning Officer rejected the nomination papers of Respondent No. 3; that in appeal filed by Respondent No the Appellate Authority illegally accepted the appeal of Respondent No. 3 and allowed him to contest the election. He has referred the Full Bench Judgment of this Court dated 28.10.2015 passed in W.P. No. 31556 of 2015 titled "Barkhurdar vs. Appellate Authority".
3. The standing counsel also supported the contention of writ petitioner and argued that the Appellate Authority has illegally accepted the appeal of Respondent No.3.
4. Learned counsel for Respondent No. 3 contested the appeal, however, he conceded that the seconder of Respondent No. 3 is not the voter of Ward No. 2 from where the Respondent No. 3 submitted nomination papers.
5. The record reveals that the Respondent No. 3 submitted nomination papers to contest the election of General Councilor Ward No. 2 Union Council No. 56 Manak Pur, wherein Mian Ahmed son of Muhammad Akhtar was his seconder. As his seconder was not enlisted as voter of Ward No. 2 the nomination papers of Respondent No. 3 Were rejected by the Returning Officer on 10.10.2015. In appeal the Appellate Authority accepted the appeal of Respondent No. 3 in view of the judgment of this Court dated 7.10.2015 passed in W.P.No. 29531 of 2015 titled "Shaukat A.I vs. Election Commissioner District Kasur and 03 others." Admittedly the seconder of Respondent No. 3 is the voter of another ward and is not enlisted as voter in Ward No. 2 from where Respondent No. 3 has submitted nomination papers. Therefore, in view of the principle laid down by the Full Bench of this Court in judgment dated 28.10.2015 passed in Writ Petition No. 31556 of 2015) titled "Barkhurdar vs. Appellate Authority" the defect in nomination papers of Respondent No. 3 is of substantial nature and the same cannot be remedied and the Respondent No. 3 cannot be allowed to contest the election of General Councilor Ward No. 2 as his seconder is not the voter of the said Ward. The judgment relied upon by the Appellate Authority has been over-ruled by the Full Bench of this Court vide Judgment dated 28.10.2015 referred Supra. Hence, the impugned order dated 26.10.2015 is not sustainable under the law.
6. For the foregoing reasons, I accept this writ petition, set aside the order dated 26.10.2015 passed by the Appellate Authority/ Respondent No. 1 and as a sequel the order of Returning Officer/ Respondent No. 2 dated 10.10.2015 is upheld and the nomination papers of Respondent No. 3 are rejected.