Law: Political Parties Act, 1962

Section: 2(c),8(2)

Law: Constitution of Pakistan, 1962

Section: 104(2),98

Political Parties Act (III of 1962), Ss. 2(c) & 8(2) Expression "as a candidate or nominee of a political party" To invite penalties provided, person elected must (i) belong to party which is "political party" within meaning of-definition in S. 2 (c) and (ii) be a "candidate" or "nominee" of such party-- Word "nominee"-Meaning-Person elected by active support of a temporary amalgam of different political elements within country-Can neither be said to be "candidate" nor "nominee" of any political party.   Law Lexicon by Aiyar, 1940 Edn. ref.   Political Parties Act, (III of 1962), S. 8(2) read with Constitution of Pakistan (1962), Arts. 104(2) & 98-Election dispute-Member of Provincial Assembly alleged to have suffered disqualification under S. 8(2) of Political Parties Act, 1962 Dispute to be settled by special forum created under Art. 104 (2) High Court's plenary jurisdiction under Art. 98-Excluded.   Dates of hearing: 30th August and 2nd September 1965.  JUDGMENT   The petitioner seeks a writ in the nature of quo warranto under Article 98 (2) (b) (ii) of the Constitution against respondent No. 1 who is a member of West Pakistan Legislative Assembly, to show under what authority of law he claims to hold office as member of the Provincial Legislative Assembly. The Secretary (Convention) Muslim League is also made a respondent in the petition. The petition arises in the following circumstances.   The petitioner and respondent No. 1 were rival applicantsfor nomination by the (Convention) Muslim League for election to the Provincial Legislative Assembly from Constituency No. 88, Tehsil, Wazirabad District Gujranwala. The petitioner was nominated by the Muslim League in preference to respondent No.1. An appeal by the latter to the Central Parliamentary Board of Muslim League having failed, he resigned from the Muslim League and contested election to the Provincial Legislative Assembly against the petitioner as, "independent candidate" and was declared elected.   It is alleged that respondent No. 1 after resigning from theMuslim League…