Law: Constitution of Pakistan, 1973

Section: 10A,62(1)(1)

(a) Constitution of Pakistan--- ----Arts. 10A & 62(1)(f)---Elections for National/Provincial Assembly---Disqualification under Art. 62(1)(f) of the Constitution---Scope and pre-requisites---Declaration made by court of law---Disqualification under Art. 62(1)(f) of the Constitution could only be imposed by or under a declaration made by a court of law---By such prescription Art. 62(1)(f) created a lawful, transparent and fair mechanism for an election candidate to contest an allegation that he was disqualified under one or more of the grounds listed in the said Constitutional provision---Judicial declaration disqualifying a candidate under Art. 62(1)(f) of the Constitution must necessarily be based on oral or documentary evidence---Even an Election Tribunal could only disqualify a candidate when its declaration was issued on the basis of evidence before it---Such a requirement was implicit in Art. 10A of the Constitution which made both due process and fair trial a fundamental right in lawful judicial proceedings---Determination of a dispute relating to a right or liability, the recording of evidence including the right of cross-examination, a hearing of the arguments of the parties and a reasoned were essential attributes of a court of law. Sami Ullah Baloch and others v. Abdul Karim Noursherwani and others PLD 2018 SC 405; Sardar Yar Muhammad Rind v. Election Tribunal Balochistan, Quetta and others PLD 2020 SC 137; Imran Ahmad Khan Niazi v. Mian Muhammad Nawaz Sharif PLD 2017 SC 265; Tariq Transport Co., Lahore v. Sargodha Bhera Bus Service PLD 1958 SC (Pak) 437) and Mollah Ejahar Ali v. Government of East Pakistan PLD 1970 SC 173 ref. (b) Constitution of Pakistan--- ----Art. 62(1)(f) [as amended by the Constitution (Eighteenth Amendment) Act, 2010]---Civil Procedure Code (V of 1908), S. 11---Review of Supreme Court ---Elections for seat of Provincial Assembly---Nomination papers, scrutiny of---Finding by the Returning Officer during scrutiny of nomination papers given in the year 2007---Whether such finding qualified as a declaration given by a court of law in the year 2013 within the terms of Art. 62(1)(f) of the Constitution (as amended by the 18th…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492