Case Details

Citation(s)
2013 SLG 775 2013 SLD 775 2013 CLC 1024
Election Tribunal, Punjab
Election Appeals Nos.5 and 6 of 2012, decision dated: 5-11-2012
RAUF AHMAD SHEIKH, IJAZ AHMAD AND MUHAMMAD QASIM KHAN, JJ

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SAQIB NASEEB

VS

RETURNING OFFICER, PP-226, SAHIWAL VII and another

Law: Representation of the People Act, 1976

Section: 14(3)(4)

Law: Representation of the People Act, 1976

Section: 14(3)(4)

Law: Punjab Irrigation and Drainage Authority Act, 1997

Section: Preamble

Law: Constitution of Pakistan, 1973

Section: 63(1)(d)(e),260

Representation of the People Act (LXXXV of 1976)-------S. 14(3)(4)---Constitution of Pakistan, Arts.63(1)(d)(e) & 260---Punjab Irrigation and Drainage (Pilot Area Water Board) Rules, 2005, Rr.14, 15(2), 18 & 20---Punjab Irrigation and Drainage Authority Act (XI of 1997), Preamble---Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005, Rr.16 & 17---Appeal before Election Tribunal---Bye-election---Provincial Assembly, seats of---Nomination papers filed by respondents contested by appellant through objection petition---Appellant's objection was that first respondent was Member of Area Water Board constituted under Punjab Irrigation and Drainage Authority (Pilot Area Water Board) Rules, 2005, whereas second respondent was elected Chairman of "Khal Panchayat" under Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005 framed under Punjab Irrigation and Drainage Authority Act, 1997, thus, both being covered by definition of "civil servant" had been disqualified by Election Tribunal to contest election in year 2008; and that such of Tribunal had been upheld by Supreme Court---Order of Returning Officer accepting nomination papers of respondents was assailed---Validity---Sole purpose of legislature to frame Rules was to involve farmers of an area in irrigation system in order to fetch better output---Neither authority had appointed respondents nor were they employee of authority or holding such offices for wholetime, rather they had been performing their functions as elected members of farmers---Nothing was available on record to show that respondents had been paid any remuneration---Respondents could not be termed to be in "service of Pakistan" in terms of Art. 260 of the Constitution---Election Tribunal dismissed appeal in circumstances. Mirza Muhammad Tufail v. District Returning Officer and others PLD 2007 SC 16 rel. Masud Ghani for Appellant. Mian Abbas Ahmad for Respondent No.2. ORDER As Election Appeal No.5 of 2012 "SAQIB NASEEB v. RETURNING OFFICER etc." and Election Appeal No.6 of 2012 "SAQIB NASEEB v. RETURNING OFFICER, etc.", both arise out of almost similar facts and carry same questions…
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