| Citation(s) |
|---|
| 2023 SLG 1855 2023 PLD 35 2023 SLD 1855 |
Peshawar High Court
Writ Petition No. 942-P of 2021, decided on 24th February, 2021.Date of hearing: 24th February, 2021.
Before Ijaz Anwar and Muhammad Nasir Mahfooz, JJ
Abdul Latif Afridi and Barrister Yasin Raza Khan for Petitioner.
Writ Petition No. 942-P of 2021, decided on 24th February, 2021.Date of hearing: 24th February, 2021.
Before Ijaz Anwar and Muhammad Nasir Mahfooz, JJ
Abdul Latif Afridi and Barrister Yasin Raza Khan for Petitioner.
ZUBAIR ALI---Petitioner
VERSUS
ELECTION COMMISSION OF PAKISTAN and others---Respondents
Law: Elections Act, 2017
Section: 2(xxxxix)
Elections Act (XXXIII of 2017)--- ----S. 2 (xxxix)---Constitution of Pakistan, Art. 62---Technocrat seat---Senate election---Petitioner was candidate for seat of Technocrat in Senate---Election Commission rejected candidature of petitioner---Validity---Petitioner did his masters degree of arts and international relations---High Court did not consider degree for the purpose of experience, as petitioner had not completed requisite experience of 20 years in terms of definition of Technocrat given in Elections Act, 2017---Definition of experience provided in law included a record of achievements at national or international level but the same was not relevant as petitioner did not complete requisite length of experience---High Court declined to interfere in the matter as petitioner was not eligible for the seat of Technocrat in Senate and his nomination papers were rightly rejected---No infirmity or illegality existed in order passed by Election Commission---Constitutional petition was dismissed, in circumstances. Ali Gohar Khan v. Adnan Khan and 4 others 2010 CLC 1317 and Junaid Rehman Ansari and others v. The State and others PLD 2020 Sindh 158 ref. Engineer Iqbal Zafar Jhagra and others v. Khalilur Rehman and 4 others 2000 SCMR 250; Islam Hussain v. Election Commission of Pakistan through Secretary and 2 others 2018 CLC 820; Khizar Haider Malik and others v. Muhammad Rafiq Malik and another 1987 SCMR 78; Sanaullah Khan v. Secretary Khyber Pakhtunkhwa and 2 others 2019 MLD 781 and Shoukat Ali v. Chairman Khyber Pakhtunkhwa Public Service Commission Peshawar and 68 others 2018 PLC (C.S.) Note p.63 rel. JUDGMENT IJAZ ANWAR, J.---Through the instant Writ Petition, the petitioner has claimed relief to the effect that on acceptance of this petition, this Honble Court may graciously be pleased to (i) Declare the impugned orders of respondent No.3 dated 18.02.2021 and that of respondent No-4 dated 22.02.2021 being illegal, unlawful, arbitrary, unreasonable, without jurisdiction and lawful authority and ab initio void (ii) Set-aside the above referred impugned orders of respondents Nos.3 and 4 being illegal, unlawful, arbitrary, unreasonable, without jurisdiction and/or…
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