Law: Representation of the People Act, 1976

Section: 42(3A)(4)

Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii),225

Representation of People Act, 1976 (LXXXV of 1976)-- ----S. 42(3A) & (4)--Constitution of Pakistan, 1973, Art. 199(1)(b)(ii) & 225--Writ of--Quo warranto--General election--Candidature--Bogus educational documents--Issuance of notification as returned candidate--Challenged by voter instead of contesting candidate--Legality of holding constitutional office--Question of--Whether he was holding such office in accordance with law or was unauthorizedly occupying a public office--Determination-- No such election petition was ever filed against Respondent No. 5 by any contesting candidate in said election, as such, in a challenge in nature of quo warranto by a voter of area, who is not competent to call in question notification issued by Election Commission of Pakistan declaring Respondent No. 5 as a returned candidate, validity of referred notification would be a sufficient answer to voters like present petitioners, who desire to see authority of a Member of Parliament to hold such Constitutional office-- If petitioners succeed in establishing their cause raised in these writ petitions, result would be nothing but a futile exercise, for, person to whom some disqualification to hold Constitutional office was alleged, has spent almost whole of his normal tenure as MPA--This require that petitions of such nature must be given some preference and be decided on merits on accelerated basis, so that a person, if having no valid authority to occupy a Constitutional office must be checked on judicial side before much water is flown under bridges. Word & Phrases-- ----Writ of quo warranto--(Law Latin "by what authority"), a common-law writ used to inquire into the authority by which a public office is hold or a franchise is claimed-also termed writ of quo warranto. Word and Phrases-- ----Quo warranto--Information in the nature of quo warranto is the modern form of the ancient writ of quo warranto which lay against a person, who claimed or usurped an office, franchise or liberty, to enquire by what authority he supported his claim in order that the right to the office or franchise might be determined. PLD 1963 SC 203 & PLD 2007 SC 52 ref. Constitution of…

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