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1999 MLD 3177

NEMAT ULLAH GAHI, ADVOCATE and anothers vs THE PUNJAB LOCAL COUNCIL

Citation1999 MLD 3177
CourtLahore High Court
Case No.Writ Petition No,6435 of 1998
Date1998-04-15
Judge(s)Amir Alam Khan, Ihsan-ul-Haq Chaudhry
ResultPetition accepted

ORDER

' It is argued that respondent No,1 had accepted the petition of the petitioner being Petition No,200- D of 1998, vide 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 abated as per Rule 7(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 after the said date. For this reason the impugned order, dated 30th of March, 1998 is without jurisdiction.

2. On the other hand the learned Additional Advocate-General argued that he 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 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 11036 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 on Authority is declared without lawful authority by accepting this writ petition and order, dated 20-3-1998 is restored.

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