Law:

Section:

Representation of the People Act (LXXXV of 1976)--S. 12 (2), (2A), (2B) (2C) & (2D) [added by Representation of the People (Amendment) Ordinance (XVI of 1993) & (XX of 1993)]---Banks (Nationalization) Act (XIX of 1974), S. 12 (5) [added by Banks (Nationalization) (Amendment) Ordinance (XIX of 1993)]---Constitution of Pakistan (1973), Arts. 185 (3), 62 & 63---Rejection of nomination papers on the ground that candidates being defaulters of bank loan were disqualified to contest elections to Assemblies---Petitioners raising contention that Amending Ordinances by adding and thereby expanding scope of Constitutional definition of "Ameen" were ultra vires the Constitutional provisions of Arts. 62 (i) & '63 (1) (p) of the Constitution ---Constitutional petitions having raised important and weighty Constitutional questions required examination in greater depth--­Leave to appeal was granted to consider the questions raised---Interim relief of permitting petitioners to contest elections was refused for the reason that a law is to be taken as validly made and operative till it was declared otherwise--­Names of petitioners having appeared in the defaulters list published by Banking Council and the amount shown due therein being in excess of the prescribed limit of one million rupees, interim relief was refused. Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396 and Federation of Pakistan v. Aitzaz Ahsan and another PLD 1989 SC 61 ref. ORDER SHAFIUR RAHMAN, J:-----This order deals with the following three petitions for leave to appeal which raise common questions of law of public importance:- (i) C.P.LA. No. 465/1993 filed by Aijaz Ali Khan Jatoi; (ii) C.P.LA. No. 466/1993 filed by Liaquat Ali Khan Jatoi; and (iii) C.P.LA. No.1217-L/1993 filed by Anwar Aziz Chaudhry: Mr. Aijaz Ali Khan Jatoi was a candidate at the election for NA-179 Dadu-III, Liaquat Ali Khan Jatoi was a candidate at the election from PS-63 Dadu-VI and Anwar Aziz Chaudhry was a candidate at the election from PP-113 Narowal. 2. The election schedule for the National and Provincial Assemblies was announced by the Election Commission by a…

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