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Writ Petition No. 2507 of 1980, decided on 2nd August, '1980.
------S. .25 read with Punjab Local Council (Elections) Rules, r. 15-- Election Tribunal‑Election Tribunal declaring election of returned candidate void and declaring-elected candidate securing next highest number of votes‑Tribunal not considering fact of only a minority of voters having voted for candidate declared elected also not keeping in view provisions of r. 15, Punjab Local Council (Elections) Rules attracted to case and participation of third candidate in election having materially affected result of election‑Declaration given in favour of third candidate, held, suffers from arbitrariness in circumstances.
Muhammad Ashraf v. Muhammad Ajaib and others P L D 1980 Lah, 311; Saeed Nissan v. Payar Ali and 7 others P L D 1976 S C 6 and Sarsullah v. Election Tribunal, Gujrat and others P L D 1966 Lab. 97 ref.
Raja Muhammad Afzal Khan v. Ch. Manzoor Elahi and others P L D 1975 Lah. 1276 rel.
‑‑ S. 34‑Resignation from membership‑Gazette Notification regarding resignation of Member of Local Council‑Held, does not take effect from date of issue of notification but operates from date mentioned as date with effect from which member concerned resigned.‑(Notification).
‑ ‑ S, 28‑Returned candidate having tendered resignation from his membership‑Seat having fallen vacant a new election, held, to be held‑Election Tribunal, on receiving information as to resignation, held, should have disposed of election petition as infructuous.
‑‑‑ S. 2l‑Election‑Disqualification‑Candidate notoriously known as depot‑holder and voters list also mentioning him as depot-- holder‑Held, keeping in view level of legal knowledge and aware ness of average voter, it could hardly be assumed that electors ‑of candidate meant to throw away their votes and inclusion of candi date's name in voters list sufficient warrant for voters to believe candidate having not been disqualified.
Muzafar Qadir for Petitioner.
Respondents Nos. 1 and 4 to 9 :
Ex parts. Maqbool Elahi Mahk for Respondent No. 2.
A. W. Butt for Respondent No. 3.
Dates of hearing : 29th April and 5tb May, 1980.
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