| Citation(s) |
|---|
| 1997 SLG 1255 1997 SLD 1255 = 1997 PLD 137 |
Peshawar High Court
Writ Petition No.496 with Civil Miscellaneous No.588 of 1997, decided on 17th March, 1997.
Presented By: Before Qazi Muhammad Farooq and Jawaid Nawaz Khan Gandapur, JJ
Qazi Ehsanullah Qureshi assisted by Abdul Rauf Rohaila for Petitioner. Qazi Muhammad Anwar for
Respondent No.2 (on Pre-admission Notice). Saadat Hussain, Dy. A.-G. (on Pre-admission Notice).
Writ Petition No.496 with Civil Miscellaneous No.588 of 1997, decided on 17th March, 1997.
Presented By: Before Qazi Muhammad Farooq and Jawaid Nawaz Khan Gandapur, JJ
Qazi Ehsanullah Qureshi assisted by Abdul Rauf Rohaila for Petitioner. Qazi Muhammad Anwar for
Respondent No.2 (on Pre-admission Notice). Saadat Hussain, Dy. A.-G. (on Pre-admission Notice).
------- MUHAMMAD KHURSHEED KHAN---Petitioner
VERSUS
RETURNING OFFICER and 4 others---Respondents
Law: Representation Of People Act, 1976
Section: 14 , 68
Law: Legal Practitioners and Bar Councils Act, 1973
Section: 8
Representation of the People Act (LXXXV of 1976)--- ----Ss. 14(5) & 68---Constitution of Pakistan (1973), Arts.225 & 199-- Rejection of petitioner's nomination papers by Appellate Tribunal---Petitioner's nomination papers to contest National Assembly seat were rejected by Election Tribunal on the ground that he having served as Assistant Advocate-General was deemed to be Government servant and his services having been terminated on the eve of election, he was not competent to contest election---Such rejection challenged in Constitutional petition---Maintainability---On account of rejection of petitioner's nomination paper and grounds highlighted in S.68, Representation of the People Act, 1976 for declaring election of returned candidate to be void, legal remedy of invoking jurisdiction of Election Tribunal, to be appointed at appropriate stage, through election petition would not be available to petitioner, therefore, Constitutional petition would be maintainable in circumstances. Ghulam Mustafa Jatoi v. Additional District & Sessions Judge/Returning Officer, N.A.158, Naushero Feroze and others 1994 SCMR 1299 and Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396 rel. Representation of the People Act (LXXXV of 1976)--- ----S. 14(5) & 68---Constitution of Pakistan (1973), Arts. 260, 140, 111 & 199---Criminal Procedure Code (V of 1898), S.495---Rejection of petitioner's nomination papers to National Assembly seat on the ground that he having served as Assistant Advocate-General till 6-2-1997, was not competent to file nomination papers or to contest said election---Terms and conditions of petitioner's service and service rendered by him in office attached to Government Department would lead to inescapable conclusion that he had been in service of Pakistan, therefore, not competent to contest elections ---Reasons disabling petitioner to file nomination papers and to contest election highlighted and illustrated. Petitioner was appointed in BPS-20 against a regular post in connection with the affairs of the Province to which salary and allowances were attached and he was…