| Citation(s) |
|---|
| 2018 SLG 1188 2018 SLD 1188 2018 PLD 59 |
Balochistan High Court
C. P. No. 125 of 2018, decision Date : 26-02-2018, hearing Date : 23-02-2018.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE, ZAHEER UD DIN KAKAR, JUSTICE
Muhammad Aamir Rana for Petitioner. Haroon Kasi, Law Officer for
Respondents Nos. 1 and 3.
C. P. No. 125 of 2018, decision Date : 26-02-2018, hearing Date : 23-02-2018.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE, ZAHEER UD DIN KAKAR, JUSTICE
Muhammad Aamir Rana for Petitioner. Haroon Kasi, Law Officer for
Respondents Nos. 1 and 3.
MUHAMMAD ABDUL QADIR
VS
PROVINCIAL ELECTION COMMISSIONER, BALOCHISTAN AND 2 OTHERS
Law:
Section:
(a) Elections Act (XXXIII of 2017)--- ----S. 2(xxxix)---Senate elections---Seat for 'technocrat'---Eligibility---Educational qualification and experience of candidate---Person would fall within the ambit of 'technocrat' only when he had required number of years of education in addition to the experience in the same discipline---Candidate contesting the election as 'technocrat' must possess both the qualifications contained in sub-Cls. (a) and (b) of S.2(xxxix) of Elections Act, 2017 i.e. the possession of a degree requiring conclusion of at least 16 years of education recognized by the Higher Education Commission and twenty years' experience including a record of achievement at national or international level---Such experience must be related to the education and academic qualification obtained by the person. Ihsanul Haq Piracha v. Wasim Sajjad PLD 1986 SC 200 and Iqbal Zaffar Jhagra v. Khalilur Rehman 2000 SCMR 250 ref. (b) Elections Act (XXXIII of 2017)--- ----S. 2(xxxix)---Senate Elections 2018---Seat for 'technocrat'---Eligibility---Educational qualification and experience of candidate---Nomination papers, rejection of---In terms of S. 2(xxxix) of the Elections Act, 2017 the required number of years of experience must be related to the education and academic qualification obtained by the candidate---In the present case the candidate contesting for seat of technocrat obtained a Bachelor's degree in law but was engaged in the business of supply of vehicles and construction, therefore, his experience had no nexus with the discipline in which he obtained the degree---Nomination papers of candidate in question had been rightly rejected---Constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, J.--- The petitioner Muhammad Abdul Qadir son of Muhammad Ayub was aggrieved of the findings of the Provincial Election Commissioner given while exercising the powers of Returning Officer for the Senate Election 2018 from Balochistan, on 12th February 2018, whereby he rejected his (petitioner's) nomination papers. This order of rejection was appealed before the Tribunal constituted under Section 113 of the Elections Act, 2017 (The…
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