Law:

Section:

Representation of the People Act (LXIXV of 1976)--S. 99 (f)---Constitution of Pakistan (1973), Arts. 62 (f) & 185 (3)--­Rejection of nomination papers---Validity---Leave to appeal was refused, inter alia, for the reason that Appellate Tribunal of Election Commission found that petitioner was not qualified to be elected or chosen as he did not possess the qualifications contained in Cl. (f) of Art. 62 of the Constitution and Cl. (f) of S. 99, Representation of the People Act, 1976 being Ghair Ameen--- Petitioner was admittedly one of the Directors of the Society which had defaulted in re-paying deposits of depositors---Question whether petitioner was merely a sleeping director would involve investigation of disputed questions of fact, which were pre-eminently suitable to be adjudicated upon through election petition and not through a Constitutional petition. Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396 ref. JUDGMENT AJMAL MIAN, J.---The above petitions are directed against the order dated 9-9-1993 passed by the Appellate Tribunal of Election Commission comprising three learned Judges of ,the Lahore High Court, hereinafter referred to as the Tribunal, constituted under section 11 of the Representation of the People Act, 1976, hereinafter referred to as the Act, in Election Appeals Nos.18 and 40 of 1993, filed by respondents Nos.3 and 4 respectively against the order dated 2-9-1993 of the Returning Officer of PP-90 Gujranwala XIV, rejecting their objection to the nomination paper of the present petitioner allowing the same for the following reasons:----- "It is a fact publicly known that all Cooperative Societies including the Pasban Cooperative Society, of which the respondent was a Director, had been working like banks and receiving deposits by opening regular accounts. We, therefore, find no difficulty in observing that the Promotors, Directors and the shareholders of the Societies, including the one of which the respondent was a Director, were the trustees and Ameens of the deposits. The fact that Pasban Cooperative Society stopped functioning and the fact that it was declared undesirable, shows that the…

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