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ABDUL KARIM versus RETURNING OFFICER/AC, HUB AT HUB

Balochistan Local Government (Election) Rules 1983 R 17 Balochistan Local Government Ordinance (II of 1980), Article 20 Constitution Pakistan (1973), Article 199 Applicant / Candidate to be elected Councilor from the ward related to rejection of constitutional papers Nomination papers have been filed on behalf of. The Returning Officer dismissed on the basis that the applicant was not present at the time of scrutiny of the nomination papers and the order of rejection by the Returning Officer approved by the apparatus authority was maintained. Approved applicant's papers rejected nomination No return clause was mentioned by the Returning Officer, suggesting that the presence of a secondary officer was compulsory and required under which the candidate's papers were nominated by any contesting candidate. No objection can be raised while checking Which can be used in Balochistan Local Government KR 17. Selection) Rules, 1983 was not binding Secondary or proposer's availability must be mandated and the proposer and second papers may be involved in the nomination scrutiny and due to their absence, the question of rejection of nomination papers does not arise. However, in the absence of any mandatory provisions under the relevant law or rules, the nomination of the petitioner or the Secondary cannot be ruled out on such ground that the Returning Officer accepting the constitutional application Put aside the order approving the nomination papers patent advocate from Depal Pur lawyer