Lahore High Court Restores Returned Candidate Notification in Election Appeal
Key Statute / Law: The Punjab Local Government Act, 2013 (Section 46) & Qanoon-e-Shahadat Order, 1984
Case & Context
The Election Tribunal accepted a rival candidate's election petition and declared the rival as the Returned Candidate, unseating our client.
Legal Strategy & Proceedings
We preferred an Election Appeal under Section 46 of The Punjab Local Government Act 2013 before the Lahore High Court. We argued that the Election Tribunal illegally relied on unattested affidavits in examination-in-chief which do not constitute admissible evidence under Rule 71(2) & 71(3) read with Article 2(1)(c) of the Qanoon-e-Shahadat Order 1984, violating established statutory procedure and Section 42 of the Act.
Outcome & Decision
The Lahore High Court accepted the appeal, set aside the Election Tribunal's impugned order, and restored the official notification in favor of our client as the Returned Candidate.
