The petitioner filed Election Petition under rule 70 of Local Government Elections Rules, 2000 calling in question the election of-- Ch. Muhammad Satwar (deceased) as Nazim, Union Council No.93, Lahore.
2. The petitioner and respondents Nos.2 to 4 contested the election for seat of Nazim, Union Council No.93, Lahore, and petitioner No.2 and respondents Nos.5 to 7 were contested candidates for seat of Naib Nazim from the said Union Council. Ch. Muhammad Sarwar was declared as successful returned candidate as Nazim and respondent No.5 was elected as Naib Nazim. The Election of the Nazim was challenged on the ground of corrupt practices committed by him. During the pendency of the election petition Ch. Muhammad Sarwar of the said Union Council died. The learned Election Tribunal rejected all the allegations raised by the petitioners and dismissed the Election, Petition on the ground that since the returned candidate has died and the new election will be held in due course.
3. The learned counsel for the petitioner contended that the result prepared on Form No.XIII and the statement of account is not signed by the Presiding Officer. The Presiding Officer admitted that counterfoils of one book were missing. He argued that symbol hockey was allotted to the petitioner whereas, the learned Election Tribunal observed that the same was allotted to one Imran Sarwar.
Learned counsel vehemently argued that since Nazim has died the petitioner should be declared as elected Nazim.
Only respondents Nos.3 and 5 entered appearance. Learned counsel appearing for respondent No.5 stated that it has been held by Honourable Supreme Court that Nazim and Naib Nazim are two independent entities. In this view of the matter he has nothing to say.
4. I have gone through the order of Election Tribunal and considered the contentions raised by the learned counsel for the petitioner. The contention raised by the learned counsel for the petitioner on the merits of the case have been repelled by the learned Election Tribunal. The elected Nazim expired during the pendency of the election petition, in my view, appeal to the electorate is necessary. The votes secured by deceased Nazim cannot be regarded as not polled at all or simply by thrown away so as to give the seat to the candidate with next highest number of votes. The petitioner alleged only corrupt practices against returned candidate which could not be decided in the absence of the deceased successful candidate. In the particular circumstances of the case re- -election only appears to be reasonable solution. I do not find any illegality in the order of the learned Election Tribunal. This petition has no merit and is dismissed in limine.