| Citation(s) |
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| 2025 SLG 4280 2025 SLD 4280 = 2025 CLC 1036 |
Islamabad High Court
I.C.A. No. 373 in W.P. No. 2705 of 2023, decided on 2nd December, 2024.
Before Miangul Hassan Aurangzeb and Arbab Muhammad Tahir, JJ
Muhammad Shoaib Shaheen and Muhammad Umair Baloch for Appellants (in ICAs Nos. 373 and 374 of 2023 as well as for
Respondents Nos. 13 and 14 in W.P. No. 3176 of 2024 and in C.M. No. 2895 of 2024 in W.P. No. 2967 of 2024 and C.M. No. 2990 of 2024 in W.P. No. 3117 of 2024). Ch. Imtiaz Ahmed and Qazi Jahanzeb Gul Qureshi for Appellants (in ICAs Nos. 382 to 386 of 2023 as well as
Respondent No. 11 in W.P. No. 3176 of 2024 and
Respondent No. 3 (in W.P. No. 2967 of 2024). Mudassar Khalid Abbasi and Shah Khalid for Petitioners (in W.P. No. 2967 of 2024.) Qaiser Abbas for Petitioners (in W.P. No. 3117 of 2024) and
Respondent No. 1 (in ICA No. 386 of 2023). Sher Afzal Khan Marwat, Haider Khan, Ch. Osama Tariq for Petitioners (in W.P. No. 3176 of 2024) and
Respondent No. 1 (in ICA No. 373 of 2023). Azmat Bashir Tarar, Assistant Attorney-General, Ashfaq Ahmad, Deputy Director, Qamar Mehmood Chaudhry, Deputy Director (Legal) and Muhammad Aftab Dogar, Ministry of NHSR&C for
Respondents. Shehryar Hassan and Saqib Nafees, Advocates along with Aamir Nadeem Ramay, Registrar, NCH for
Respondents. Humble Murad Siddiqui and Barrister Masood Siddiqui for
Respondent No. 5 (in W.P. No. 3176 of 2024).
I.C.A. No. 373 in W.P. No. 2705 of 2023, decided on 2nd December, 2024.
Before Miangul Hassan Aurangzeb and Arbab Muhammad Tahir, JJ
Muhammad Shoaib Shaheen and Muhammad Umair Baloch for Appellants (in ICAs Nos. 373 and 374 of 2023 as well as for
Respondents Nos. 13 and 14 in W.P. No. 3176 of 2024 and in C.M. No. 2895 of 2024 in W.P. No. 2967 of 2024 and C.M. No. 2990 of 2024 in W.P. No. 3117 of 2024). Ch. Imtiaz Ahmed and Qazi Jahanzeb Gul Qureshi for Appellants (in ICAs Nos. 382 to 386 of 2023 as well as
Respondent No. 11 in W.P. No. 3176 of 2024 and
Respondent No. 3 (in W.P. No. 2967 of 2024). Mudassar Khalid Abbasi and Shah Khalid for Petitioners (in W.P. No. 2967 of 2024.) Qaiser Abbas for Petitioners (in W.P. No. 3117 of 2024) and
Respondent No. 1 (in ICA No. 386 of 2023). Sher Afzal Khan Marwat, Haider Khan, Ch. Osama Tariq for Petitioners (in W.P. No. 3176 of 2024) and
Respondent No. 1 (in ICA No. 373 of 2023). Azmat Bashir Tarar, Assistant Attorney-General, Ashfaq Ahmad, Deputy Director, Qamar Mehmood Chaudhry, Deputy Director (Legal) and Muhammad Aftab Dogar, Ministry of NHSR&C for
Respondents. Shehryar Hassan and Saqib Nafees, Advocates along with Aamir Nadeem Ramay, Registrar, NCH for
Respondents. Humble Murad Siddiqui and Barrister Masood Siddiqui for
Respondent No. 5 (in W.P. No. 3176 of 2024).
M. B. JAVED AWAN and another ---Appellants
VERSUS
MUHAMMAD TAHIR NIZAMI and 3 others ---Respondents
Law: Unani Ayurvedic and Homeopathy Practitioners Act, 1965
Section: II,9(3),9(5)
Law: Unani Ayurvedic and Homeopathy System of Medicine Rules, 1980
Section: 15,18
Unani Ayurvedic and Homeopathy Practitioners Act (II of 1965)-------Ss. 9(3) & 9(5)---Unani Ayurvedic and Homeopathy System Medicine Rules, 1980, Rr. 15 & 18---National Council for Homeopathy (NCH) elections--Eligibility of members to contest the election---Determination---Re-election prior to expiry of terms of office of members---Requirement---Authority of Federal Government or NCH to annul existing valid election schedule or issue a new election schedule---Scope---Resumption of election from the initial stage---Legality--Contention of the appellants was that with the rescheduling of elections with the approval of Federal Government they had become eligible for contesting the election for the reason that their term of office of members had expired, thus, being no more members of the NCH, they had become eligible to contest the elections--Validity---Election schedule initially issued, under which the last date for the filing of the nomination papers was 27.08.2023, was sacrosanct and could not have been undone or replaced by an altogether new schedule by NCH---Requirement under R. 18 of the Unani Ayurvedic and Homeopathy System Medicine Rules, 1980 (Rules), for the elections of the Council to be held "not less than three months preceding the date on which the term of the members of the Council is due to expire" was reinforced by the insertion of S. 9(5) through Ordinance No. LXI of 2002, which was required to be enforced strictly---Appellants filed their nomination papers when they were indeed members of the Council as the term for which they were elected had not expired, thus, in terms of Ss. 9(3) and (5) of the Unani Ayurvedic and Homeopathy Practitioners Act,1965 (Act), they were not eligible to contest the elections and the Single Judge-in Chambers correctly held that their nomination papers were wrongly accepted by the Returning Officer---Issuance of a new election schedule was not just a clear violation of R. 18 of the Rules and Ss. 9(3) and 9(5) of the Act but would have the effect of making the appellants (who were ineligible to be candidates in the election on the date when they first filed their nomination papers) to become eligible---Under…