| Citation(s) |
|---|
| 1997 SLD 775 = 1997 CLC 1743 |
Election Tribunal, N.W.F.P
Election Petition No.2 of 1997, decided on 23rd June, 1997
Presented By: Before Justice Qazi Muhammad Farooq,
Hafeez Prizada assisted by Qazi Muhammad Jamil and S. Naeem Bukhari for Petitioner. Barrister Shahzad Jehangir for
Respondent No. 1. Raja Muhammad Ibrahim Satti assisted by Afnan Karim Kundi for
Respondent No.2. Jehanzeb Rahim for
Respondent No.3. Zulfiqar Khan Orakzat for
Respondent No.4. Barrister Iftikhar Ahmad and Shahzad Akbar for
Respondent No.5
Election Petition No.2 of 1997, decided on 23rd June, 1997
Presented By: Before Justice Qazi Muhammad Farooq,
Hafeez Prizada assisted by Qazi Muhammad Jamil and S. Naeem Bukhari for Petitioner. Barrister Shahzad Jehangir for
Respondent No. 1. Raja Muhammad Ibrahim Satti assisted by Afnan Karim Kundi for
Respondent No.2. Jehanzeb Rahim for
Respondent No.3. Zulfiqar Khan Orakzat for
Respondent No.4. Barrister Iftikhar Ahmad and Shahzad Akbar for
Respondent No.5
Election Tribunal KHALILUR REHMAN---Petitioner
VERSUS
Engineer IQBAL ZAFAR JHAGRA and 4 others---Respondents
Law: Senate (Election) Act, 1975
Section: 34
Senate (Election) Act (LI of 1975)--- ----S. 34---Chief Election Commissioner's Notification No.F.I (6)/85-Cord. dated 16-3-1985 read with Notification No.F.1(6)/85-Cord. dated 18-3-1987-- Election petition---Disqualification of candidate---Procedure---Where the election petition claims relief of declaration that the election of the returned candidate is void on the ground that he was not on the nomination day qualified or was disqualified from being elected as a member Election Tribunal may decide .the question of such qualification or disqualification as a preliminary issue. Houses of Parliament and Provincial Assemblies (Election) Order (P.0.5 of 1977)--- . ---Preamble---Constitution of Pakistan (1973), Arts.59(1)(d) & 270-A---Senate Election Act (LI of 1975), S. 34---Election petition---Terms "Ulema "technorcrats" and "other professionals" used in Art.59(1)(d) of the Constitution of Pakistan have not been defined in the Constitution of Pakistan---Houses of Parliament and Provincial Assemblies (Election) Order, 1977 which deals with a particular subject, has not been repealed so far and it also cannot be deemed to have been repealed by implication---Said Order, as a matter of fact being in the field at the time of promulgation of the Constitution (Eighth Amendment) Act, 1985, enjoys the protection of Art.270-A of the Constitution of Pakistan (1973) and shall continue in force until altered, repealed or amended in terms of Art.270-A(3) of the Constitution of Pakistan. Houses of Parliament and Provincial Assemblies (Election) Order (P.O No.5 of 1977), which deals with a particular subject, has not been repealed so far and it also cannot be deemed to have been repealed by implication because the Constitution is altogether silent about the definitions of the words "Ulema", "technocrats" and "other professionals" used in Article 59(1)(d) and the repeal does not flow from it. As a matter of fact being in the field at the time of promulgation of the Constitution (Eighth Amendment) Act, 1985, it enjoys the protection,of Article 270-A of the Constitution and shall continue in force until…