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Writ Petition No. 1197 of 1980, decided on 5th November, 1980.
S. 17(1), (2) read with Pun tab Local Councils (Election Petitions) Rules, 1979, rr. 3(l) & 13(t) (a)‑Candidate for election to non‑Muslim seat in Zilla Council challenging illegal rejection of his nomination papers by Returning Officer before notification or publication of result of election but not challenging validity or otherwise of nomination papers of returned candidate‑Such candidate incompetent to file election. petition under r. 3(1) of Rules‑Held, Election Authority only competent, in such circumstances, to interfere under S. 17(1) of Ordinance.
Raheem Shah v. The Chief Election Commissioner of Pakistan P L D 1973 S C 24; Muhammad Nazir v. Said Muhammad P L D 1962 Lah. 421; In‑re Ahad Yusuf and others P L D 1974 Note 126 at p. 182; Muhammad Afzal v. Miraj Din P L D 1967 Lab. 689 and Muhammad Aslam'v. Punjab Local Council Election Authority 1980 C L C 2036 ref.
Shahid Hamid for Petitioner.
Khalil Pamday, A. A: G. for Respondents Nos. 1, 2 and 4.
Khalid Iqbal Qazi for Respondent No. 3.
Date of hearing : 28th, 29th October; 1st, 3rd, 4th and 5th November, 1980.
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