| Citation(s) |
|---|
| 2018 SLG 1664 2018 SLD 1664 2018 PLD 643 |
Civil Appeal No. 467 of 2015, decided on 05-04-2018. Date of hearing: 20-03-208. (On appeal from judgment Dated 18-02-2015, passed by the Election Tribunal, Rawalpindi in E.P. No. 242/2013/RWP/11/2013).
SH. AZMAT SAEED, JUSTICE, QAZI FAEZ ISA, JUSTICE, SAJJAD ALI SHAH, JUSTICE
Muhammad Ilyas Sheikh, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellant. Abdur Rashid Awan, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for
Respondent No.1.
MALIK SHAKEEL AWAN
VS
SHEIKH RASHEED AHMED AND 21 OTHERS
Law:
Section:
(a) Constitution of Pakistan--- ---Art. 184(3)---Constitutional jurisdiction of the Supreme Court under Art. 184(3) of the Constitution---Scope---Appeal, right of---Right of appeal could not be read into the Constitution against a /order passed by the Supreme Court under Art. 184(3) of the Constitution---Supreme Court was not to decline exercise of its jurisdiction under Art.184(3) merely because no appeal was provided for---Such interpretation would render the said Article redundant and a surplusage which was not permitted while interpreting the Constitution. [Majority view] (b) Constitution of Pakistan --- ----Art. 62(1)(f)---Representation of the People Act (LXXXV of 1976), S.12(2)---Qualifications for membership of Majlis-e-Shoora (Parliament)---Concealment of information or misstatement in nomination papers---Question of strict liability did not arise with regard to misstatements in the nomination papers---Where a misstatement or an inaccuracy or concealment (in nomination papers) was established, the candidate/member would always have the opportunity to offer an explanation---Such explanation may or may not be found acceptable by the court---Only if such explanation was found tenable no penal consequences would follow.[Majority view]. Sheikh Muhammad Akram v. Abdul Ghafoor and 19 others 2016 SCMR 733; Muhammad Siddique Baloch v. Jehangir Khan Tareen and others PLD 2016 SC 97 and Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189 ref. (c) Constitution of Pakistan--- ----Art. 62(1)(f)---Representation of the People Act (LXXXV of 1976), S.12(2)(f)---Qualifications for membership of Majlis-e-Shoora (Parliament)---Allegation of concealment of immoveable property in nomination papers---Inadvertent discrepancy/error in nomination papers---Appellant alleged that the returned candidate/respondent had deliberately concealed certain agricultural land in his nomination papers; that the respondent had declared his land holding to be 983 Kanals 17 Marlas while it has been established on record that the respondent owned 1049 Kanals and 13 Marlas---Validity---[Per Shiekh Azmat Saeed, J (Majority view)]:Date of purchase of each parcel of land and the…
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