| Citation(s) |
|---|
| 2024 SLG 5791 2024 SLD 5791 = 2024 CLC 1558 |
Lahore High Court
Election Appeal No.24381 of 2023, decided on 14th April, 2023.
Before Ali Baqar Najafi, J
Shahid Nabi Malik and another v. Chief Election Commissioner, Islamabad and 7 others PLD 1997 SC 32 distinguished. Muhammad Naseem Turyali and others v. Ghulam Sarwar Khan and others PLD 2005 SC 570; Javed Ibrahim Paracha v. Federation of Pakistan and others PLD 2004 SC 482; Tariq Hussain v. Sarfraz Ahmed and 4 others 2013 CLC 1620 and Muhammad Nadeem v. Muhammad Mumtaz Akhter Kahloon and others 2013 CLC 1796 rel. Muhammad Rizwan-ul-Hassan and Hamza Irshad for Appellant. Abid Saqi for
Respondent No.1. Hafiz Adeel Ashraf, Assistant Law Officer, ECP.
Election Appeal No.24381 of 2023, decided on 14th April, 2023.
Before Ali Baqar Najafi, J
Shahid Nabi Malik and another v. Chief Election Commissioner, Islamabad and 7 others PLD 1997 SC 32 distinguished. Muhammad Naseem Turyali and others v. Ghulam Sarwar Khan and others PLD 2005 SC 570; Javed Ibrahim Paracha v. Federation of Pakistan and others PLD 2004 SC 482; Tariq Hussain v. Sarfraz Ahmed and 4 others 2013 CLC 1620 and Muhammad Nadeem v. Muhammad Mumtaz Akhter Kahloon and others 2013 CLC 1796 rel. Muhammad Rizwan-ul-Hassan and Hamza Irshad for Appellant. Abid Saqi for
Respondent No.1. Hafiz Adeel Ashraf, Assistant Law Officer, ECP.
PERVEZ AKHTAR----Appellant
VERSUS
ALI SALMAN and another----Respondents
Law: Elections Act, 2017
Section: XXXIII,63
Law: Constitution of Pakistan, 1973
Section: 63(1)(d),63(1)(e),63(1)(k),63(1)(m)
Elections Act (XXXIII of 2017)-------S.63---Constitution of Pakistan, Art. 63 (1)(d)(e)(k) & (m)---General elections for seat of Provincial Assembly---Disqualification of candidate---Office of profit--Nomination papers, acceptance of---Appellant / candidate contented that respondent / candidate was Chairman TEVTA and without completion of two years he could not contest elections---Plea raised by respondent / candidate was that he was not holding office for profit---Validity---Any person was qualified under Art. 63 (1)(m) of the Constitution, who was not in service of Pakistan, if he had held an office which was not whole time office remunerated either by salary or by fee---If Chairman TEVTA was not drawing any salary or fee, he could contest elections--Respondent / candidate was appointed Chairman TEVTA on probono basis and was not holding office of profit i.e. not a whole time office remunerated either by salary or kind as mentioned under Art. 63 (1)(m) of the Constitution---Respondent / candidate was not disqualified under Art.63(1)(d)(e)(k) of the Constitution to contest election---High Court declined to interfere in the order passed by Returning Officer accepting nomination papers of respondent / candidate---Appeal was dismissed, in circumstances.Mirza Muhammad Tufail v. District Returning Officer and others PLD 2007 SC 16; Shahid Nabi Malik v. Muhammad Ishaq Dar and 5 others 1996 MLD 295; Ghulam Mustafa v. A.S.J. Chunian and others PLD 2016 Lah. 25 and Ghazanfar Ali v. Appellate Authority/Additional District Judge, Sahiwal and others PLD 2016 Supreme Court 151 ref.ORDERALI BAQAR NAJAFI, J.----Through this appeal under section 63 of Elections Act, 2017 the appellant has challenged the decision of Returning Officer PP-141, Sheikhupura-(VII) dated 7-4-2023 whereby nomination papers submitted by respondent No.1 for the General Elections in the Provincial Assembly in Constituency PP-141 was approved.2. Briefly, the case of the appellant is that the appellant being an enrolled voter of the said Constituency filed objections to the nomination papers submitted by respondent No.1 in the said constituency to contest the elections to be…