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NOOR-UD-DIN versus SHARAFAT ALI NISAR


Punjab Local Government Ordinance 1979 Section 17 (2) Punjab Local Council (Election) Rules, 1979 R23 Constitution of Pakistan (1973), Article 185 (3) Election Day present on ballot paper Returning Officer on inquiry into allotment of symbol One of the candidates was given a non-specific mark, the new mark was selected by all candidates. The candidate, who was not allotted a specific symbol, had filed an election under section 17 of the Punjab Local Government Ordinance, 1979, demanding that the entire election authority be kept separate. In the Councils (Elections) Rules, 1979, it was the responsibility of the Returning Officer to allocate specific symbols on ballot paper to each candidate who contested, and since the specific symbol was not allotted to the candidate and because the non-specific symbol Thi candidate was allotted the ballot paper which was badly affected. In view of this question, did the High Court rightly conclude that the Election Authority had no jurisdiction to pass the aforesaid order in view of Section 17 (2), Punjab Local Government Ordinance, 1979? Is not an option

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