| Citation(s) |
|---|
| 2003 SLD 209 = 2003 MLD 939 |
Election Appeal No.42-R of 2002, heard on 11th September, 2002.
Mian Muhammad Najam-uz-Zaman and Pervaz Ahmed, JJ
AKHTAR RASOOL CHAUDHRY--- Appellant
VERSUS
RETURNING OFFICER, N.A. 122 LAHORE-5 and 4 others---Respondents
Law:
Section:
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.---The nomination papers of the appellant for the Constituencies NA-122 Lahore and PP 148 Lahore were rejected by the learned Returning Officer vide order dated 29-8-2002 while accepting the objection petition titled Fareed Ahmad Paracha and others v. Akhtar Rasool Ch. holding therein that case of appellant is covered under clause (g) of section 99(1-A) of the Representation of the People Act, 1976, hence not entitled to participate in the forthcoming election. Learned counsel for the appellant while challenging the legality of impugned order submitted that the appellant was no doubt convicted by the august Supreme Court of Pakistan for the commission of contempt of that Court, but that was a past conduct of the appellant whereas his nomination papers were rejected in lieu of clause (g) of section 99(1-A), of ibid Act which deals with the situation happening in the present; that admittedly there was no material evidence available on the record showing that the appellant in the recent past had defamed the judiciary or acted in a manner to attract the provisions of clause (g) of the above-said Act, that in, the circumstances of this case, the nomination papers of the appellant were erroneously rejected by the Returning Officer. We have heard learned counsel for the parties as well as Deputy Attorney-General at some length and have gone through the relevant record. On 28-11-1997 admittedly the appellant was sitting Member of Provincial Assembly, representing the ruling party (Pakistan Muslim League Nawaz Group), on the said date, mob comprising of people belonging to different areas of the country who were allegedly worker of Pakistan Muslim League Nawaz Group including some MPAs and MNAs relating to the ruling party stormed the building of the Hon'ble Supreme Court of Pakistan during the proceedings and having forced their entry into the Court premises raised slogans against the then learned Chief Justice of Pakistan. The appellant alongwith others was proceeded against in contempt proceedings by the august Supreme Court of Pakistan and vide judgment dated 28-9-2000 appellant alongwith others namely Tariq…