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SAEEDA BEGUM versus MUHAMMAD AJMAL KHAN


Article 24 has been read with the Constitution of Pakistan (1973), Article 199 Election Request Alternative Methods Section 24 has considered the election application by candidates who are not the candidate of the applicants, cannot challenge the election before the Election Tribunal. And such an alternative is not available. Neither he nor the writ petition is capable of retaining

1981 C L C 620

[Lahore]

Before Javid Iqbal and A. Rahman, JJ

Mst. SAEEDA BEGUM AND OTHERS‑Petitioners

versus

MUHAMMAD AJMAL KHAN AND OTHERS‑‑Respondents

Writ Petition No. 7966 of 1979, decided on 12th October 1980.

(a) Punjab Local Government Ordinance (VI of 1979)‑‑

‑ S. 24 read with Constitution of Pakistan (1973), Art. 199‑Election petition‑Alternate remedy‑Section 24 contemplates election petition by a candidate‑Petitioners not candidates at election‑Held, could r not challenge election before Election Tribunal and as such no alter nate remedy available to them nor writ petition maintainable.

(b) Constitution of Pakistan (1973)‑

‑ Art. 199 read with Punjab Local Government Ordinance (VI of 1979), S. 19‑Locus standi to challenge election‑Allowing no female registered voter to cast her vote at election‑Petitioners, being such female voters, held, entitled to challenge election.‑[Locus standi].

(c) Punjab Local Council (Election) Roles, (1979‑

_‑‑ Rr. 8 & 9‑Female voters‑Separate booths‑Returning Officer making no separate arrangements for female voters to cast their votes but allocating certain hours exclusively for female voters to cast votes on same polling booth‑Held: No provision made in Punjab Local Council (Election) Rules, 1979 to set up separate polling booths for female voters‑Returning Officer, can make any arrangement for female voters considered proper and can fix certain hours for casting of votes only by female voters.

C. M. Latif Rawn for Petitioner.

Shahid Hussain Kadri for Respondents Nos. 3 and 6 to 11.

Date of hearing : 12th October 1980.

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