Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- --------Sections 52 & 2(iv)--- Constitution of Pakistan Arts. 199 & 225---Constitutional petition---Maintainability---Election for the seat of Member Provincial Assembly---Election petition---Words "candidate for election" --------- Provision of S.52 of Representation of the People Act, 1976---Scope---Nomination papers of the candidate were rejected by the Returning Officer but same were allowed by the High Court, however Supreme Court restrained him to contest the election---Election was held and appeal of the candidate was disposed of having become infructuous---Contention of candidate was that bar of Art. 225 of the Constitution was not applicable to him and constitutional petition being the only available remedy was maintainable---Validity --------- Provision of S.52 of Representation of the People Act, 1976 was remedial provision inserted for the benefit of the candidates for elections --------- Provision of S.52 of Representation of the People Act, 1976 had remedy of election petition even for those candidates who had merely filed nomination papers but could not contest election for any reason --------- Petitioner was candidate for the purpose of filing election petition under S.52 of Representation of the People Act, 1976---Tribunal appointed by the Election Commission had exclusive jurisdiction in election case --------- Remedy under S.52 of Representation of the People Act, 1976 was available to the petitioner and constitutional petition was not maintainable---Constitutional petition was dismissed in circumstances. Abdul Ghafoor v. Shah Muhammad and 4 others 1987 MLD 54 ref. I.A. Sherwani and others v. Govt. of Punjab through Secretary Finance Div. Islamabad and others 1991 SCMR 1041; Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/ R.O. 1994 SCMR 1299 and Hafiz Hamdullah v. Saif Ullah Khan and others PLD 2007 SC 52 distinguished. Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396; Ayatullah Dr. Imran Liaqat Hussain v. Election Commission of Pakistan and another PLD 2005 SC 52; A & B Food Industries Ltd. v. Commissioner of…

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