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NASEER MUHAMMAD KHAN versus HAMAYUN SAIFULLAH KHAN

Section 99 (IA) (o) and 52 North-West Frontier Province Local Government Ordinance (XIV of 2001), Sections 21 and 164 Constitution of Pakistan (1973), Article 199 Disqualified Respondent for the Competition of Constitutional Application, which Zila Nazim Had intended to contest the elections. Election for the National Assembly, he resigned from the post of District Nazim, and then his papers were nominated as candidates for the National Assembly seat, which were approved by the Returning Officer. The petitioner had filed a constitutional petition against the nomination approval of the respondent's papers that the Chief Minister accepted the tender four days after the resignation of the same tender since his resignation, during which time the defendant had his own office in Zila Nazim. Was enjoying and was disqualified from contesting the tender of resignation was not eligible for his acceptance act by some other conditions. Deprivation or acceptance of the position or otherwise, depending on the nature of the office / office established in the office of the District Holder's Official Holder under the Municipal Ordinance, resigning from its position only under resignation under Section 21 of the 2001 Ordinance. Will withdraw and his resignation was not invalid, however, the respondent submitted his resignation on 24 11 2007, which was accepted by the competent authority seat of the District Administrator arranged by the respondent, from which date he was vacated. , Which was notified by the Election Commission under Section 164 of the Local Border Province of the Northwest Territories. According to Ordinance, 2001, after resigning from the office of the District Nazim on 7th 12th, 2007, on the 7th of 12th, 2007, no provision of disqualification was effected; advocates from Ziarat lawyer