Case Details

Citation(s)
2018 SLG 1890 2018 SLD 1890 2018 PLD 723

Writ Petition No. 133237 of 2018, decision Dated: 28-06-2018. Hearing Date : 11-06-2018.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Ishrat Mahmood Sheikh for Petitioner. Mubeen-ud-Din Qazi, Naeem Sarwar, Malik Muhammad Zafar Iqbal and Roman Bilal for
Respondents.

MALIK TAJ AHMAD

VS

MALIK MUHAMMAD NAWAZ, MEMBER OF PROVINCIAL

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 62(1)(f)---Election---Sagacious, righteous, non-profligate, honest and Ameen---Determination---Non-disclosure of liabilities and loans of the companies of which the candidate was Director/Share holder, sans an element of design, scheme or intent does not make a candidature open to be questioned, if it can be shown that it was a bona fide error and that there was no intention to gain any benefit by withholding such information from the constituents---Bona fide error---Scope---Scrutiny for the purposes of Art.62(1)(f) of the Constitution is not based on moralistic or subjective criterion---Such condition does not contemplate perfection but requires a person to be honest, reliable and trustworthy. Malik Farzand Ali and another v. Asad Ali and others PLD 2018 Lah. 46; Zahid Iqbal v. Hafiz Muhammad Adnan and others 2016 SCMR 430; Murad Bux v. Kareem Bux and others 2016 SCMR 2042; Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189 and Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2009 SC 644 rel. (b) Constitution of Pakistan--- ----Arts. 62(1)(f) & 199---Satgacious, righteous, non-profligate, honest and Ameen---Determination---Issuance of writ of quo warranto---Scope---Respondent was elected as Member Provincial Assembly and petitioner assailed the election on the plea that the respondent did not disclose liabilities and loans of the companies of which he was Director/share holder---Validity had already approached Election Commission of Pakistan through a petition however the same was withdrawn and such fact was not disclosed which militated against bona fide of the petitioner---Grant of relief under Constitutional jurisdiction was a matter of discretion, where in it quite legitimate on the part of High Court to test bona fides of the relator to see if he had come with clean hands---Writ of quo warranto could not be issued as a matter of course on sheer technicalities on a doctrinaire approach---High Court observed that aggrieved person had to resort to statutory remedy as provided under relevant statute and must not have invoked Constitutional jurisdiction of High Court…
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