MUHAMMAD ARIF, J.-- Leave to appeal is sought against order dated 21.6.2001 passed by a learned Judge in chambers of the Lahore High Court, Lahore dismissing petitioner's Writ Petition impugning the acceptance of ' nomination papers' of respondents-Samar. Subhani and Farooq Ahmad to contest election to the seats of Nazim and Naib Nazim in Union Council No. 18 Bhianwala, Tehsil Ferozewala, District Sheikhupura by the District Returning Officer, with the following observations - "2 Learned counsel contends that not only is the respondent No. 3 of less than the prescribed age but his Matric certificate is also bogus.
"3 I find that petitioner himself is a contesting candidate. If need be, he may file an election petition taking all available objections. With this observation the writ petition is disposed of."
2. Sardar Sami Hayat, learned ASC appearing in support of this petition has vehemently contended that as the Returning Officer had accepted objections of his client to the ' nomination papers' of respondents No. 2 and 3 and as the acceptance of the said respondents' appeal by the District Returning Officer vide order dated 9.6.2001 was gone ahead on the incorrect premise that: "As long as the matriculation certificate relied upon by Farooq Ahmad is in the filed and is not adjudged by the competent authority or forum after due observance of law to be a bogus document , (it) can not be excluded from consideration.......... In the light of the date of birth as Farooq. Ahmad mentioned therein he is within the age..", the learned Judge in Chambers was not quite right in declining there relief to his client.
3. Mr. Manzoor Hussain Butt, learned ASC appearing on behalf of respondents No. 2-4/caveators has supported the impugned order of the High Court with the assertion that his clients' efforts to obtain copies of ' Birth Register' as also other relevant material have not met with any success for the reason that the petitioner-side is very influential and has succeeded in thwarting their efforts in that regard.
4. We have considered the available material and are not inclined to the view that the observations made by-the learned Judge in Chambers to the effect that all available objections can be taken by the petitioner in the event of such necessity arising in the disputed election in his 'Election Petition' before the appropriate forum, have not been shown to be suffering from any infirmity, whatsoever. We uphold the impugned order that it would be only in appropriate proceedings under the Punjab Local Government Elections Ordinance (No. V of) 2000, read .With the Rules made there under that the respective pleas of the parties will tell for consideration, in due course of time.
5. Not finding any force in this petition, the same is dismissed and .