Law: Representation of the People Act, 1976

Section: 14(5),99

Law: Representation of the People Act, 1976

Section: 14(5),99

Law: Constitution of Pakistan, 1973

Section: 62,63

(a) Interpretation of document-------Text has to be looked in totality---Words or phrases employed therein if looked at in isolation or out of context are always capable of being interpreted in a manner which does not convey actual meaning of full text. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 14(5) & 99---Constitution of Pakistan, Arts.62 & 63---Nomination papers filed by candidate (a Journalist)---Disqualification---Injunctions of Islam, violation of---Proof---Column in newspaper by the candidate (appellant)---Interpretation---Returning Officer rejected nomination papers of appellant on the ground that in one of his column published in newspaper, it could be made out that he had tasted liquor and thus had violated Injunctions of Islam---Validity---Writings of appellant/candidate being in literary, metaphorical and allegorical style could not be narrowly interpreted---Even if it were not so, still one could not ignore the fact that individual words had more than one dictionary meaning and were, therefore, open to interpretation---No tangible proof was brought on record or any conviction of appellant for offences he was accused of by respondent from any court of competent jurisdiction to render appellant disqualified under Arts.62 & 63 of the Constitution---Proceedings of scrutiny of nomination papers were summary in nature and roving inquiry could not be conducted to establish if appellant had violated Injunctions of Islam or had called in question ideology of Pakistan---Returning Officer had erred while rejecting nomination papers of the appellant---Election Tribunal directed to place name of appellant in list of validly nominated candidates contesting election from the constituency and set aside order passed by Returning Officer---Appeal was allowed accordingly. Khalil (Pvt.) Limited through Authorized Officer v. m.v. WALES II and 3 others 2012 CLD 276 ref. (c) Administration of justice--- ----Court, role of---Scope---Courts cannot assume the role of arbiter of morals. Salman Akram Raja and Sameer Khosa for Appellant. Khawaja Khalid Farooq and Nayyar Abbas for Respondent No.2. ORDER Through this appeal under section 14(5)…

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