' This order will dispose of Writ Petitions Nos.1211, 1212 and 1275 of 2001 as common/identical question of law is involved in these writ petitions.
2. Muhammad Safdar Shahbaz, respondent No,3 in Writ Petitions Nos.1211 and 1212 of 2001 filed two nomination papers to contest the election of Nazim for Union Council No,3 of Bahawalpur City. In one nomination paper, he associated Abdul Rahim Shahid, respondent No,4 as his Naib-Nazim and in the second nomination paper, he joined Iftikhar Javed as Naib-Nazim. The writ petitioner raised objection before the Returning Officer that respondent No,3 could not file two nomination papers associating two different persons as his Naib-Nazim. Another objection was raised that candidate for Naib-Nazim/respondent No,4 had also filed nomination paper to contest the election against the seat of Councillor (Muslim General) in the said Union Council. The Returning Officer, at the time of scrutiny, accepted one nomination paper of respondent No,3, filed prior in time, vide his order, dated 2-3-2001. Feeling aggrieved, the petitioner preferred appeal which came up for hearing before the District Returning Officer/respondent No,2-Appellate Authority, who vide his order, dated 10-3-2001, dismissed the appeal and maintained the order of the Returning Officer.
3. In Writ Petition No,1275 of 2001, the petitioners have challenged the order, dated 5-3-2001 passed by the Returning Officer/respondent No,1 whereby, nomination papers of respondents Nos.2 and 3 for the seat of Nazim and Naib-Nazim for Union Council Roshan Bhait, Tehsil Sadiqabad, were accepted. Petitioners Nos.1 and 2 filed nomination paper to contest election for the office of Nazim and Naib-Nazim of Union Council Roshan Bhait, Tehsil Sadiqabad. Respondents Nos.2 and 3 also filed their nomination papers for the seats of Nazim and Naib-Nazim of the said Union Council.
Respondent No,l. After the scrutiny of nomination papers, accepted the nomination paper of the petitioners. The objection of the petitioners against respondent No,2 is that he had filed two nomination papers, one nomination paper for Nazim associating respondent No,3 as Naib-Nazim and second nomination paper for Naib-Nazim by associating respondent No,4 as Nazim. The nomination papers of the respondent No,2 were accepted by respondent NO.1 vide his order, dated 5-3-2001. On appeal filed by the petitioners, the District Returning Officer rejected the nomination paper of respondent No,2 for the post of Naib-Nazim and nomination paper of respondent No,4 for post of Nazim.
4. Pre-admission notice was issued and arguments of the learned counsel for the parties have been heard.
5. The learned counsel for the petitioners contended that a candidate for the seat of Nazim can only file one nomination paper associating one Naib-Nazim and if he files second set of nomination paper with some other person as Naib-Nazim then all his nomination papers are liable to be rejected. They further contended that a person can only contest election against one seat and nomination paper submitted by Abdur Rahim Shahid (respondent No,4 in Writ Petitions Nos.1211 and 1212 of 2001) against the seat of Councillor (Muslim General) of the Union Council debars him from participating in the election.
6. On the other hand, the learned counsel for the contesting respondents vehemently opposed the arguments of the learned counsel for the petitioners contending that there is no bar in the law to file more than one nomination papers for one seat as well as for different seats. He further contended the bar is only against double membership and not against filing of more than one nomination papers.
7. I have given due consideration to the arguments of the learned counsel for the parties and examined the relevant law. Section 14 of the Punjab Local Government Elections Ordinance, 2000 provided qualification for candidates and elected members. Sub-Rule (1) of Rule 16 of the Punjab Local Councils Elections Rules, 2000 contemplates that the Returning Officers shall, as soon as may be, after the publication of the election programme under Rule 13, give a public notice in Form II inviting nominations and specifying the time before which and the place at which nomination papers shall be received by the Returning Officer. Sub-rule (2) of the above said Rule further provides that any elector of an electoral ward may propose or second the name of any duly qualified person to be a candidate for becoming a member for that ward. Sub-rule (6) of Rule 16 (supra) emerges that a person may be nominated in the same electoral ward by more than one nomination paper. Sub-rule (7) further provides that if any person subscribes as a proposer or a seconder to more than one nomination paper, all such nomination papers, except the one received first by the Returning Officer, shall be void.
8. From the perusal of the abovesaid provisions of law it reveals that there is no bar. For filing more than one nomination paper in the same electoral ward. It would mean that a person intending to contest election for the post of a Nazim, a Naib-Nazim or a member of a Union Council, can file more than one nomination paper but the only restriction is that if any person subscribes as a proposer or seconder to more than one nomination paper, all such nomination papers, except the one received first by the Returning Officer, shall be void. In the instant case the candidate for the post of Nazim/respondent No,3 Muhammad Safdar Shahbaz was not proposed by the same proposer in a set of nomination papers. He was proposed and seconded by different persons in both nomination papers. In the nomination paper wherein Abdur Rahim Shahid was candidate for Naib-Nazim, Muhammad Afzal son of Ghulam Muhammad was proposer while in the other nomination paper wherein Iftikhar Javed was a candidate for the seat of Naib-Nazim, Sahahbzada Muhammad Asad Abbasi was proposer. So, the bar contained in sub-rule (7) of rule 16 of the Punjab Local Councils Elections Rules, 2000 is not attracted to the case of respondent No,3.
9. Section 19 of the Punjab Local Government Elections Ordinance, 2000 is a bar against double membership which is reproduced below:-- "19. Bar against double membership.--- The holder of an elective office may contest election for any other political office; ;provided that he resigns before filing his nomination papers for election to the new office."
10. From the examination of the Election Ordinance and Rules made thereunder, it reveals that there is no bar on filing of more than one nomination paper for one seat or for different seats. The bar in the law is that if he is holding an office, he must resign before filing his nomination paper to the new office. This is not the case here. None of the contesting respondents was already holding an elected office. Before coming to the final conclusion it would be more appropriate to refer here Rule 20 of the Punjab Local Councils Elections Rules, 2000 which reads as follows:- "20 Withdrawal and retirement.--- (1) Any validly nominated candidate may, by notice in writing signed by him and delivered on or before the withdrawal day to the Returning Officer, either by the candidate in person or by an agent authorized in this behalf in writing by such candidate, withdraw his candidature: ' Provided that in case of joint candidates for the office of Nazim and Naib-Nazim, the applications for withdrawal shall be signed by both.
(2) On receiving a notice of withdrawal under-sub-rule (1), the Returning Officer shall, if he is satisfied that the signature on the notice is that of the candidate(s) cause a copy of the notice to be affixed at some conspicuous place in his office.
(3) The Returning Officer shall, on the day next following the withdrawal day, prepare in Form VIII a list of contesting candidates and publish the same at some conspicuous place in his office: ' Provided that the list in Form VIII in respect of joint candidates for the office of Nazim and Naib- Nazim shall be forwarded immediately to the Provincial Election Commissioner, Punjab as soon as possible.
(4) Notwithstanding the publication of the list of contesting candidates under sub-rule (3), a contesting candidate may, in the manner prescribed in sub-rule (1) retire from the contest on any day not later than 72 hours ending the mid-night before the day of poll.
(5) .
(6) .
' After the expiry of the date of withdrawal of nomination papers the validly declared candidates would contest the elections. In the whole election laws referred above no penalty is provided for filing more than one nomination paper provided filed by different proposers and seconders. Since the Punjab Local Government Elections Ordinance and Rules are silent on the question in dispute and it is settled proposition of law that when special law is silent on some point, then the guidance can be taken from the general laws and in that case provisions of general law will be attracted to the case. So I have decided to seek guidance from the Constitution of the Country. Article 223 of the Constitution of Pakistan contemplates that:-- "(1) No person shall, at the same time, be a member of--
(a) both Houses; or
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces; or
(d) a House or a Provincial Assembly in respect of more than one seat. '
(2) Nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time; whether in the same body or in the different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the set of which he has been elected last or, if he has been elected two more than one seat on the same day, the seat for election to which his nomination was filed last."
(3) ..
(4) ...
11. From the plain reading of the above-referred provision of the Constitution, it transpires that there is nothing to prevent a person from being a candidate for two or more seats, but if he is elected to more than one seat, he shall within a period of 30 days after he is elected to the last seat, resign from all but one of the seats and if he does not do so, all the seats to which he has been elected shall become vacant after the period of 30 days except the seat to which he was elected last and if he was elected to more than one seat on the same day the seat for which his nomination paper was filed last.
12. It is pertinent to mention here that Abdur Rahim Shahid respondent has withdrawn his nomination paper filed for the seat of Councillor (Muslim General), therefore, the objection of the petitioner to this extent has already been removed.
13. In view of the above discussion, I have no hesitation in observing that there is no embargo on filing more than one nomination paper for the same seat of local Councilor as well as for filing nomination papers for two different seats but after the election, the elected person has to retain one seat only.
' For the foregoing reasons, the arguments of the learned counsel for the petitioners, being misconceived, are repelled and the writ petitions having no force are dismissed.