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1985 CLC 2899

GH UL AM B A RI vs ELECTION TRIBUNAL and others

Citation1985 CLC 2899
CourtLahore High Court
Case No.Writ Petition No. 2308 of 1984
Date1985-06-09
Judge(s)Muhammad Zafarullah
ResultPetition allowed

' Ghulam Bari petitioner was declared elected to a seat in Ward No.4, Union Council 173, Chak No. 197/RB, Faisalabad. He was, however, unseated by the orders of the Election Tribunal, dated 21-5- 1984 when it was found by the Tribunal that Ghulam Bari was not qualified to contest the election as he was not of 25 years of age on the last date of filing of nomination papers. The Election Tribunal also declared Muhammad lqbal Anwar respondent to be the returned candidate in the resultant vacancy. Ghulam Bari petitioner has challenged the orders of Election Tribunal by way of a writ petition.

2. As regards the age of Ghulam Bari petitioner the Election Tribunal rightly relied on the entries in the Birth Register and the Chowkidara Register. No objection, therefore, can be taken against the findings of the Election Tribunal that the petitioner was below the requisite age on the last date of filing of nomination papers. As regards the orders of Muhammad lqbal Anwar of being declared as elected in place of the petitioner this cannot be sustained as the majority of votes cast in favour of Ghulam Bari cannot be treated as thrown away votes as there is no finding that the disqualification of the petitioner was notorious. This writ petition is, therefore, allowed only to the extent of the election of Muhammad lqbal Anwar, respondent. In consequence it is necessary to hold fresh poll for the seat in Ward No.4 of Union Council No.173. There shall be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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