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Baluchistan Local Government Ordinance (II ef 1980)-----S. 27(J) [as amended by Baluchistan Local Government (Amendment) Ordinance (IX of 1983)]-Rejection of nomination papers on ground of oral allegation of Deputy Commissioner against candidate that he still continued to instigate students for first time at appellate stage-Candidate not granted any opportunity to refute said allega­tion-Order rejecting nomination paper was set aside by Supreme Court on ground of its being in violation of principles of natural justice and ordered rehearing of appeal by Commissioner with direc­tion that candidate should be granted opportunity to refute alle­gations levelled against him-Appeal was to be deemed to be pend­ing, and in case nomination papers of candidate were found valid, necessary consequences should be that election of other candidate which was declared as unopposed to stand set aside. Fakhruddin G. Ebrahim, Advocate Supreme Court and A. A. Dastagir, Advocate-on-Record for Appellant. Kamal Azfar, Advocate Supreme Court and M. S. Ghaury, Advocate-on- Record for Respondent No. 1. Date of hearing: 11th April, 1984. JUDGMENT ABDUL KADIR SHAIKH, J.-Dispute in this appeal relates to election to Union Council Khudabadan, District Panjgur, Baluchistan. Appellant Waja Muhammad Hussain and Mir Muhammad Hamza, respon­dent No. 1 and certain other persons filed nomination papers which were scrutinised by the Returning Officer Panjgur on 25-7-1983 who rejected respondent's nomination paper on the ground that having been convicted by a Summary Military Court to undergo one year's R. I. he was disqualified from contesting the election. Respondent filed an appeal against this order which was heard by the Commissioner, Makran Division as an Appellate Authority. He took the view that as the respondent had been later on ranted pardon, the previous conviction was -not attached to him as a stigma Jut, since according to Deputy Commissioner respondent still continues to instigate the students he was disqualified from the membership. The relevant portion of the order passed by the Commissioner reads as under:- "I have heard the appellant as well as the Returning Officer who is also the…

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