| Citation(s) |
|---|
| 2019 SLG 3081 2019 SLD 3081 2019 YLR 2759 |
Islamabad High Court
Writ Petition No. 2665 of 2019, heard on 29-07-2019.
MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Asif Mumtaz Malik
Respondent(s) by: Naseem Ahmed Shah Nos.1 and 2.
Writ Petition No. 2665 of 2019, heard on 29-07-2019.
MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Asif Mumtaz Malik
Respondent(s) by: Naseem Ahmed Shah Nos.1 and 2.
SYED NAVEED RAZA HUSSAIN
VS
CHIEF COMMISSIONER, ISLAMABAD AND OTHERS
Law: Cooperative Societies Act, 1925
Section: 43,64A
Law: Islamabad Cooperative Societies Rules, 2018
Section: R.53
Law: Cooperative Societies Rules, 1927
Section: 48
Law: Islamabad Capital Territory Cooperative Societies (Managing Committee Elections) Rules, 2014
Section: R.3,16
Cooperative Societies Act (VII of 1925)--- ----Ss. 43 & 64-A--- Islamabad Capital Territory Cooperative Societies (Managing Committees Election) Rules, 2014, Rr. 3 & 16--- Islamabad Cooperative Societies Rules, 2018, R.53---Cooperative societies elections--- Rejection of nomination papers--- Inquiry, conducting of--- Effect--- Petitioner was a contestant for elections and was aggrieved of rejection of his nomination papers by Chief Commissioner on ground of inquiries being conducted against petitioner for corrupt practices and embezzlement--- Validity--- Grounds on which petitioner was disqualified from contesting election were that there were two inquiry reports under S. 43 of Cooperative Societies Act, 1925 against him--- Findings against petitioner in inquiry reports could not be equated with a sentence of imprisonment by a criminal court against petitioner so as to disqualify him from contesting elections--- High Court set aside order to extent of holding that petitioner was disallowed to contest elections---Constitutional petition was allowed accordingly. Ghazanfar Ali v. Appellate Authority/Additional District Judge, Sahiwal PLD 2016 SC 151; Muhammad Mujtaba Abdullah v. Appellate Authority/Additional Sessions Judge, Tehsil Liaquatpur, District Rahim Yar Khan 2016 SCMR 893; Muhammad Nasir Cheema v. Election Commission of Pakistan PLD 2018 Lah. 784; Haji Ghulam Hussain v. Returning Officer Zilla Council, Bahawalpur and others 1998 MLD 1948 and Rehmatullah alias Pappu v. The State 2015 PCr.LJ 1148 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant writ petition, the petitioner, Syed Naveed Raza Hussain, impugns the order dated 12.07.2019, passed by the Director General, Islamabad Capital Territory ("I.C.T."), partly allowing Revision Petition No.36/2019, filed under Section 64-A of the Cooperative Societies Act, 1925, by the petitioner and others against the order dated 28.06.2019, passed by the Deputy Registrar, Cooperative Societies, Islamabad. Vide the said order dated 28.06.2019, the Deputy Registrar, Cooperative Societies, Islamabad, dismissed the petitioner's appeal filed under Rule 16 of the I.C.T. Cooperative…
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