Find a Lawyer

Writ Petition No.4759 of 1983, decided on 7th November, 1983.

‑‑‑Ss.17 & 20‑‑Provisional Constitution Order (1 of 1981),Art .9‑‑ Election‑‑Rejection of nomination papers‑‑Dispute regarding rejection of nomination papers referred by Deputy Commissioner, as Appellate Authority, to Election Authority who allowed both parties to contest election and remitted such dispute to Appellate Authority, i.e. (Deputy Commissioner) for decision afresh in accordance with law‑‑Order of passed inter partes 'not implemented by Appellate against rejection of nomination papers pending with Appellate Authority‑‑Appellate Authority (Deputy Commissioner directed to implement order of Election Authority.

Shahid Hussain Kadri for Petitioner.

Ch. Rafiq Ahmad Baiwa for Respondent No.4.

This petition has been filed on the grievance that the order of the Election Authority passed inter partes between the petitioner and respondent No.4 is not being implemented by the Deputy .Commissioner, Gujranwala acting as an Appellate Authority against the rejection of nomination papers.

2. The brief facts are that the nomination dispute was referred by the Deputy Commissioner as Appellate Authority to the Election Authority. The Punjab Election Authority by his order, dated 26‑9‑1983 held that both the petitioner as well as respondent No.4 be allowed to contest the election and the dispute between the parties be remitted to the Appellate Authority i.e. Deputy Commissioner, Gujranwala for decision afresh in accordance with law. The petitioner as well as respondent No.4 consented to this course.

3. The operative order of the Election Authority is couched in pare. 9 which reads:

"Meanwhile both the petitioner and respondent No.3 are allowed to contest the election but the result of election shall not be declared if any of the two parties, viz. the petitioner or respondent No.3 secures highest number of votes. In such an event the result of election shall be declared subject to the decision of the Appellate Authority as to the validity of the nomination paper of the present contesting parties, viz. the petitioner and respondent No.3."

It may be observed at this stage that none of the parties challenged the order of the Election Authority before a superior forum or Court. That order has attained finality in law. After the remand of the matter to the Deputy Commissioner, the petitioner gave an application for permission to participate in the election of the office of Chairman, Town Committee, Ghakhar. This application was refused by the Deputy Commissioner as Appellate Authority after holding that the result had been withheld on the direction of the Appellate Authority pending confirmation of the signature of the seconder. The writ petition has been filed against the impugned order of the Deputy Commissioner, dated 5‑11‑1983 on the grievance that the order of the Election Authority is not being implemented. .

4. Respondent No.4 is present in person and is also represented by his learned counsel Mr. Rafiq Ahmad Bajwa.

5. We have heard the learned counsel for the petitioner as well as respondent No.4.

6. It is a common ground between the parties that they desire the implementation of the order of the Election Authority. That being the position, we can do no better than to direct the Deputy Commissioner as Appellate Authority to implement the order of the Election Authority who is otherwise obliged by law so to do. Both the parties stated before us that the appeal against the rejection of nomination paper is fixed for today before the Deputy Commissioner for decision. We direct the Deputy Commissioner to decide matter today and if that cannot be done since the composition of the Union Council will not be complete, therefore, he should postpone the Election of the Chairman till after the decision in this appeal, to ensure conformity with law as the petitioner states that he is a candidate for the Chairmanship.

M . Y . H . Petition accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.