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Citation: 1971 PLD 737
Court: Lahore High Court
Year: 1970
Decision Date: 1970-11-11
Parties: Malik MUHAMMAD AKHTAR vs Mian SALAHUDDIN AND 9 OTHERS
Case cited as PLD 1971 Lahore 737
Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Karam Elahi Chauhan Title: Malik MUHAMMAD AKHTAR vs Mian SALAHUDDIN AND 9 OTHERS Case No.: Writ Petition No, 1646 of 1970 Date of Judgment:1970-11-11 Reported As: PLD 1971 Lahore 737 Result: Petition dismissed Judgment ORDER ANWARUL HAQ, C. J.--The petitioner Malik Muhammad Akhtar, a candidate for the forthcoming election to the National Assembly of Pakistan from Constituency N. W. 58 Lahore 1, is aggrieved by the acceptance of the nomination papers of his rival candidate Mian Salah-ud-Din by the Returning Officer. It is stated that although by a Notification issued by the Election Commission under section 11 of the National and Provincial Assemblies (Election) Ordinance, 1970 the nomination papers were to be filed on the 15th of October 1970, yet respondent No, 1 presented his papers to the Returning Officer on the 14th of October 1970 and the latter received them on the same day. At the time of scrutiny the petitioner objected that there was no valid nomination of the respondent but this objection was over-ruled by the Returning Officer, and the name of Mian Salah-ud-Din was included in the list of validly nominated candidates. 2. No appeal being provided against the illegal acceptance of a nomination paper, the petitioner invoked the powers of review vesting in the Election Commission under section 92 of the Ordinance. The learned Chief Election Commissioner, however, rejected the review application by his order…
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