| Citation(s) |
|---|
| 2013 SLG 772 2013 SLD 772 2013 CLC 1017 |
Election Tribunal, Punjab
Election Appeal No.3 of 2012, decision dated: 5-11-2012
RAUF AHMAD SHEIKH, IJAZ AHMAD AND MUHAMMAD QASIM KHAN, JJ
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Election Appeal No.3 of 2012, decision dated: 5-11-2012
RAUF AHMAD SHEIKH, IJAZ AHMAD AND MUHAMMAD QASIM KHAN, JJ
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Mian SAIFUR-REHMAN JOIYA
VS
RETURNING OFFICER PP-226, SAHIWALVII, SAHIWAL and 16 others
Law: Representation of the People Act, 1976
Section: 14(5),99(1)(f),91(1A)
Law: Representation of the People Act, 1976
Section: 14(5),99(1)(f),91(1A)
Law: Constitution of Pakistan, 1973
Section: 62(1)(f),63
Representation of the People Act (LXXXV of 1976)-------Ss. 14(5), 99(1)(f) & 91(1A)---Constitution of Pakistan, Arts.62(1)(f) & 63---Qanun-e-Shahadat (10 of 1984), Art.3---Appeal before Election Tribunal---Bye-election---Provincial Assembly, seat of---Filing of nomination papers---Appellant's objection was that respondent-candidate was not a righteous, honest or Ameen person as he was disqualified earlier by Election Tribunal to contest elections in years 2002 and 2008 for having produced fake and forged degrees---Rejection of appellant's objection petition by Returning Officer---Validity---Tribunal in earlier election petitions filed against respondent in years 2002 and 2008 had declared him as imposter due to filing forged degrees---Respondent despite disqualified by Tribunal in year 2002, instead of repenting and mending his ways after year 2002, had repeated same wrongful act in election of 2008---Election Tribunal accepted appeal, resultantly appellant's objection petition stood accepted and respondent's nomination papers stood rejected in circumstances---Principles. Malik Iqbal Ahmed Langrial v. Jamshaid Alam and others Civil Appeals Nos.812 and 813 of 2012 and Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others C.P.No.5 of 2012 ref. Muhammad Ramzan Khalid Joiya for Appellant. Khalid Masood Ghani and M.A. Hayat Hiraj for Respondent No.2. Muhammad Ishfaq Bajwa, Deputy Election Commissioner and Tanveer-ul-Hassan, Election Officer with record. ORDER Through this appeal, the appellant challenges the order dated 1-11-2012 passed by respondent No.1, the Returning Officer PP-226 Sahiwal-VII rejecting the objection petition filed by the appellant and accepting the nomination papers filed by Malik Iqbal Ahmed Langria1, respondent No.2. The seat in question fell vacant on account of respondent No.2 having been declared disqualified from being a member, vide judgment dated 8-8-2012 passed by his lordship Nasir Saeed Sheikh, J. in E.P.No.142 of 2008. His election was declared illegal and void. The Bye-Election to this seat was notified by the Election Commission. The appellant and respondents Nos.2 to 17 filed the nomination…
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