MAULVI ANWARUL'HAQ, J. -- The petitioners feel aggrieved of the rejection of their forms to contest election to the seats of Nazim and Naib Nazim, U.C. No. 44 (Bhowa Hassan), Tehsil Phalia, District Mandi Bahauddin. The nomination papers were accepted by the learned Returning Officer on 3.3.2001. However, an appeal filed by respondent No. 2 was allowed by the learned District Returning Officer, Mandi Bahauddin. The reason stated by the learned District Returning Officer in his order dated 10.3.2001 is that petitioner No. 1 had- been declared to be Ghair Ameen by this Court as well as the Supreme Court of Pakistan.
2. Learned counsel for the petitioners contends that the provisions of Articles. 62 and 63 of the Constitution cannot be imported into the Punjab Local Government Elections Ordinance, 2000 and the Rules framed thereunder. Further contends that the appeal filed by respondent No. 2 before the learned District Returning Officer was not competent in view of the provisions of Rule 18(4) of the said Rules. Learned counsel for the private respondent has supported the impugned order of the learned District Returning Officer.
3. I have gone through the record as the copies of the judgment dated 18.5.1998 of the Supreme Court of Pakistan while deciding C.P. No. 476/98 and also the judgment. Of this Court in W.P. No. 843/98 on 4.5.1998 which was upheld by the Supreme Court of Pakistan. There is no manner of doubt that this Court as also the apex Court of the country have declared the petitioners to be Ghair Ameen. I confronted the learned counsel for the petitioners as to whether he is trying to argue that the said Ordinance and the Rules permit a Ghair Ameen to contest election. The answer obviously is in the negative. So far as the said second Contention of the learned counsel is concerned, the said Rule 18(4) on a plain reading does support his contention: However, it is equally well-settled that the writ jurisdiction is not to be exercised in aid of injustice and to perpetuate the illegality. I am not, therefore, inclined to exercise Constitutional jurisdiction in this case. The writ petition is accordingly dismissed.