Law: Representation of the People Act, 1976

Section: 14

Law: Representation of the People Act, 1976

Section: 14

Law: Constitution of Pakistan, 1973

Section: 62(1)(f),2A

(a) Representation of the People Act (LXXXV of 1976)-------S. 14---Constitution of Pakistan, Art.62(1)(f)---National/Provincial Assembly, election of---Powers of Returning Officer to reject nomination papers of contesting candidate for not being honest/ ameen---Scope---Returning Officer on basis of his summary inquiry or on objection raised by an entitled person could not reject nomination papers of a contesting candidate for not being honest or ameen in absence of a declaration to contrary by a court of law in relation to him---Principles. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 14---Constitution of Pakistan, Art.62(1)(f)---Election appeal---Election to National Assembly---Nomination papers, rejection of---Order of Returning Officer that Supreme Court in its had declared appellant's act of suspending Constitution on 30-11-2007 and detaining Judges of superior Courts as mala fide and ultra vires to the Constitution---Validity---Appellant on 3-11-2007 had attempted to appropriate himself delegated sovereign power in its entirety by putting the Constitution in abeyance---Supreme Court in its had described such act of appellant as a gross misappropriation, which was an abuse of sacred trust---Supreme Court in its had declared that appellant while doing so had not acted as an ameen within meaning and for purposes of Art.62(1)(f) of the Constitution---Appellant was not a person qualified to be elected a member of National Assembly---Election Tribunal dismissed appeal in circumstances---Principles. Sindh High Court Bar Association and another v. Federation of Pakistan and others PLD 2009 SC 879 fol. (c) Constitution of Pakistan--- ----Arts. 2-A & 62(1)(f)---Objectives Resolution and word "ameen" as used in Art.62(1)(f) of the Constitution---Scope---Exercise of delegated sovereign power by representatives chosen by people of Pakistan being in nature of sacred trust, thus, its exercise for any personal gain/benefit/advantage etc., would be a breach and violation of such sacred trust---An "ameen" would mean someone who could be trusted with such delegated sovereign power and its exercise within bounds as set by the Constitution ----…

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