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MUHAMMAD RAMZAN versus CHIRAGH DIN


Article 199 and the Punjab Local Government Ordinance (VI of 1979), section 21 (h) and 24 election writ quo warrants can be filed only if an individual is disqualified to hold public office. The tribunal can only find this choice under the law. The nominee could not file an election petition because he was not the opposite candidate.

1981 C L C 1733

[Lahore]

Before Muhammad Habibullah, J

MUHAMMAD RAMZAN‑Petitioner

versus

CHIRAGH DIN AND ANOTHER‑Respondents

Writ Petition No. 8963 of 1980, decided on 24th August, 1980.

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

------S. 21 (h)‑Election‑Disqualification‑Any amount payable by respondent to Municipal Committee on account of contract ending 30th June, 1980, held, cannot be regarded as being a pecuniary interest in affairs of Municipal Committee warranting disqualification under S.21(h).

(b) Constitution of Pakistan (1973)‑-----

‑‑ Art. 199 and Punjab Local Government Ordinance (VI of 1979), Ss. 21 (h) & 24‑Election‑‑‑Writ of quo warranto‑Can only be filed if a person is disqualified to hold a public office‑Only Election Tribunal under law can give a finding that election of a returned candidate invalid‑Petitioner could not file election petition because he was not an opposing candidate‑Election of respondent, held, neither challenge able by petitioner nor by a mode other than that of filing an election petition.

Hamida Begum and others v. Provincial Election Authority and others P L D 1966 Lab. 560 ref.

A. W. Butt for Petitioner.

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