| Citation(s) |
|---|
| 1991 SLG 1209 1991 SLD 1209 = 1991 PLD 70 |
Quetta High Court
Constitutional Petition No.66 of 1991, decided on 12th March, 1991
Presented By: Before Mir Hazar Khan Khoso, CJ. and Iftikhar Muhammad Chaudhary, J
Tariq Mahmood for Petitioner. Muhammad Riaz Ahmed, Standing Counsel and Raja M. Afsar, A: G. for
Respondents.
Constitutional Petition No.66 of 1991, decided on 12th March, 1991
Presented By: Before Mir Hazar Khan Khoso, CJ. and Iftikhar Muhammad Chaudhary, J
Tariq Mahmood for Petitioner. Muhammad Riaz Ahmed, Standing Counsel and Raja M. Afsar, A: G. for
Respondents.
MUHAMMAD ANWAR--Petitioner
VERSUS
CHIEF ELECTION COMMISSIONER, ISLAMABAD and another--Respondents
Law: Houses of Parliament and Provincial Assemblies (Election) Order (P.O.5 of 1977)
Section:
Houses of Parliament and Provincial Assemblies (Election) Order (5 of 1977) ----Art. 5---Word "professional"---Meaning, scope and import of---Candidate in order to make himself qualified for contesting election in Senate against reserved seat for "professionals" must be; a person of distinction; he must possess nationally or internationally recognized professional qualifications; he must have practical experience at a high level in a specialised area of knowledge; and he should be practicing in his specialised field as his principal calling, vocation or employment. Houses of Parliament and Provincial Assemblies (Election) Order (5 of 1977)- ----Art.. 5---Election to Senate against reserved seat for professionals-- Credentials given by candidate in nomination papers were not sufficient to hold that he was a man of distinction in legal profession---Merely obtaining degree of law and getting oneself enrolled in law, was not sufficient to satisfy requirement of law---In order to prove such requirement candidate was required to show high performance of his caliber, achievement and competency in the profession of law so that he could have placed himself at a high pedestal, comparing to other members of profession---No material was available on record to prove candidate's special qualification in the field of law, on basis of which he was recognized nationally or internationally---Not an iota of evidence was produced to point out candidate's practical experience at a high level in a special area of knowledge and there was also no indication to show that he was practicing in a special field of law. As field of law is a vast field and there are many branches of law, thus any person who was putting himself as a candidate in Senate against reserved seat for professionals, had .to point out about his achievements, research work etc. in order to bring himself within the definition of professional. The high knowledge of law should also be of such a category which is recognized nationally and internationally. Although an Advocate has the knowledge of law, to prove himself as professional, he had to prove an extraordinary competency in…