OBJECTION PETITION ON BEHALF OF RESPONDENTS
(Under Section 152 of the Punjab Local Government Ordinance, 2001)

BEFORE THE HONOURABLE MEMBER,
ELECTION COMMISSION, PUNJAB, LAHORE

In Re:
[Petitioner Name]
Versus
[Respondents' Names]

(Petition under Section 152 of the Punjab Local Government Ordinance, 2001)

OBJECTION PETITION ON BEHALF OF RESPONDENTS

RESPECTFULLY SHEWETH:

1. That the petitioner has filed the instant application under Section 152 of the Punjab Local Government Ordinance, 2001 seeking disqualification of the Respondents from their elected offices. The Respondents have been directed to submit their reply thereto.

2. That the Respondents respectfully object to the jurisdiction of this Honourable Forum to adjudicate the matter in its current form. The application as filed is not maintainable in law.

3. That Section 152(2) of the Punjab Local Government Ordinance, 2001 provides that a person may be disqualified from being a candidate or removed from office only upon a finding by the Chief Election Commissioner of contravention of the provisions of subsection (1).

4. That said provision must be read in conjunction with Section 161 of the Ordinance, which lays down the mandatory procedure to be followed for such disqualification or removal, including issuance of a show cause notice, consideration of the reply, appointment of an inquiry officer if necessary, and affording an opportunity of personal hearing.

5. That in the present matter, the required show cause notice under Section 161 has not been issued to the Respondents. The proceedings have instead been initiated directly on the basis of a private complaint. This is contrary to law and constitutes a procedural defect rendering the proceedings without jurisdiction.

6. That the Election Commission is required to independently apply its mind and initiate the statutory process as laid down under the Ordinance. An application under Section 152 is not to be treated as a civil suit requiring a written statement unless the proper statutory process under Section 161 is first triggered.

7. That the absence of compliance with Section 161 renders the entire proceedings coram non judice and of no legal effect.

8. That it is respectfully prayed that the question of jurisdiction and procedural propriety be decided as a preliminary issue, prior to taking any further steps in the matter.

9. That in view of the legal significance of the issues involved, it is further prayed that the matter be placed before the Full Bench of the Election Commission for authoritative interpretation.

PRAYER

In light of the foregoing, it is respectfully prayed that:

1. The Honourable Member may kindly determine the question of jurisdiction as a preliminary issue;

2. The proceedings initiated without issuance of a show cause notice in accordance with Section 161 may be declared void and without lawful authority;

3. The matter may be referred to the Full Bench of the Election Commission for further proceedings;

4. Any other relief deemed appropriate under the circumstances may also be granted.

RESPONDENTS
Through Counsel
[Name of Counsel/Advocate(s)]
[Designation/Bar Details – optional]
[Law Firm – optional]
[Address – optional]