It is argued that respondent No. 1 had accepted the petition of the petitioner being Petition No. 200/D-98 ride order dated 20th of March, 1998. The representations, revisions and petitions were to be decided within seven days from the date of the appellate order and in case of failure the same were to stand vacated as per Rule 6(8) of Punjab Local Council Election Rules, 1979 and the Election Authority became functus officio with the announcement of election schedule, therefore, the members had no jurisdiction or authority to adjudicate any matter alter the said date. For this reason the impugned order dated 30th of March, 1998 is without jurisdiction.
2. On the other hand the learned Addl. Advocate-General argued that the review is competent in view of the provisions of section 17 of the Punjab Local Government Ordinance, 1979. It is added that population of this Union Council was over 15,000, therefore, when the D.C. Placed the correct facts on manners the Election Authority proceeded to recall the order.
3. The learned counsel for the petitioner maintained that the figure given by the D.C. Is incorrect.
The population of the Union Council is 11038 and according to the comments of the D.C. The population was 12068 which was within the limit.
4. We have given our anxious consideration to the arguments advanced on behalf of the parties and gone through the record. There is no provision for review of the order passed by the Election Authority. Moreover, the same became functus officio after the election schedule was announced.
5. The upshot of this discussion is that the order dated 30.3.1998 of the Election Authority is declared without lawful authority by accepting this writ petition and order dated 20.3.1998 is restored.