| Citation(s) |
|---|
| 2024 SLG 4194 2024 PLJ 236 , 2024 SLD 4194 |
Appellate Jurisdiction
C.A. No. 795-L of 2012, C.A. No. 123-L of 2013 & C.P. No. 2508-L of 2017, decided on 15.4.2024.
Present: Muhammad Ali Mazhar, Mrs. Ayesha A. Malik and Irfan Saadat Khan, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).
C.A. No. 795-L of 2012, C.A. No. 123-L of 2013 & C.P. No. 2508-L of 2017, decided on 15.4.2024.
Present: Muhammad Ali Mazhar, Mrs. Ayesha A. Malik and Irfan Saadat Khan, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).
PAKISTAN ENGINEERING COUNCIL through Chairman and others--Appellants
VERSUS
MUHAMMAD SADIQ & others--Respondents
Law: Punjab Cooperative Bank Limited Staff Service Rules, 2010--
Section: 2, 40
Election Act, 2017 (XXXIII of 2017)-- ----S. 62(2)(9)--Constitution of Pakistan, 1973, Arts. 199 & 225--General elections--Rejection of nomination papers--Non-matching of signatures of candidate with CNIC--Registration of criminal case was not disclosed by candidate in nomination papers--Absconder--Appellant was not present at time of scrutiny--Writ petitions--Allowed--Challenge to--The matter was decided by High Court entirely in relation to criminal case--Sub-section (2) of S. 62 is an enabling provision, which makes it permissible (but not mandatory) for, inter alia, a candidate to attend scrutiny of his nomination paper--Thus, returning officers were in law wrong to reject petitioner’s papers on that ground and High Court was, with respect, also in error to allude to any such requirement--If a proclaimed offender can contest elections someone who is only alleged to be an absconder can equally do so--Thus, ground considered and accepted by High Court was not sustainable in law--Habib Akram, being an interim measure, had ceased to be operative--It had, and had, no application for General Elections of 2024 or for any elections held or to be held in present election cycle--Non-mentioning of criminal case by petitioner in affidavits filed by him did not, and could not, entail any penal or legal consequences including, in particular, rejection of nomination papers--The submission made by counsel for contesting private respondents could not therefore, with respect, be accepted--Appeals allowed. [Pp. 684, 685 & 688] A, B, C, D & E 2024 SCP 48 ref. Mr. Muhammad Shahzad Shaukat, ASC for Petitioners (in all cases). Mr. Ahsan Bhoon, ASC Respondent No. 1 (via Video-Link, Lahore) (in all cases). Mr. Khurram Shehzad, Addl. DG. Law and Mr. Falak Sher, Legal Consultant for ECP. Date of hearing: 30.1.2024. Judgment Munib Akhtar, J.--The General Elections to the National and all four Provincial Assemblies were held on the same day, 08.02.2024. It is important to keep in mind that in law a general election to each Assembly is distinct and separate. Thus, constitutionally speaking on 08.02.2024 it was not one, but five, general elections that took place. Section 69(1) of the…
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