Case Details

Citation(s)
2023 SLG 1817 2023 MLD 1518 2023 SLD 1817
Balochistan High Court, Turbat Bench
C.P. No. (T) 204 of 2022, decided on 10th December, 2022.Date of hearing: 8th December, 2022.
Before Muhammad Kamran Khan Mulakhail and Muhammad Aamir Nawaz Rana, JJ
Rahib Khan Buledi for Petitioner. Zakir Khan Kakar for
Respondent No. 1. Muhammad Haroon Kasi, Senior Law Officer, Shehzad Ahmed, Law Officer, Zahoor Mengal, Legal Advisor and Naseer Ahmed, Senior Personal Assistant, Election Commission of Pakistan for

HAFEEZ ALI---Petitioner

VERSUS

GHAFOOR AHMED and 2 others---Respondents

Law: Balochistan Local Government Act, 2010

Section: 2(1)(lxxxviii)

Law: Constitution of Pakistan, 1973

Section: 32,34,36

Balochistan Local Government Act (V of 2010)--- ----S. 2(1)(lxxxviii)---Constitution of Pakistan, Arts. 32, 34 36---Local bodies elections---Reserved seat for worker---Petitioner was aggrieved of acceptance of candidature of respondent by election authorities against seat reserved for worker in local bodies elections---Validity---In order to protect and safeguard rights of down trodden masses, minorities and women, special seats were sine qua non for their due representation otherwise feudal lords and privileged classes would usurp even their right of representation in the corridors of power---For such purposes Arts. 32, 34 36 were incorporated in the Constitution---True representation of subjugated classes in the corridors of power was the way forward to attain prosperity, tranquility and peace in society---Respondent did not qualify within the definition of Worker provided in the Balochistan Local Government Act, 2010---High Court set aside orders passed by election authorities and rejected nomination form for special seat reserved for Workers, as respondent had valuable assets in his name---High Court directed Returning Officer to delete name of respondent from the list of validly nominated candidates for special seat reserved for Worker---Constitutional petition was allowed accordingly. Majeed Ahmad v. District Returning Officer, Rajanpur PLD 2006 Lah. 43 and Malik Muhammad Hussain v. District Returning Officer 2008 SCMR 438 rel. ORDER MUHAMMAD AAMIR NAWAZ RANA, J.---The petitioner, being highly aggrieved and dissatisfied from the order passed by the Returning Officer, Municipal Corporation (MC), Turbat, whereby the objections filed by the petitioner against the candidature of respondent No.1 were overruled/rejected and subsequently, the Appellate Authority maintained the order of the Returning Officer by dismissing the appeal filed by the petitioner, has called in question the legality and validity of said orders at the touchstone of Articles 32, 34 and 36 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter the Constitution). 2. In a jiffy; the petitioner is contesting forthcoming election of Local Bodies for the reserved seat of Worker…
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