| Citation(s) |
|---|
| 1997 SLG 823 1997 SLD 823 1997 CLC 1563 |
Lahore High Court
Election Petition No.2 of 1994, decision dated: 28-04-1997
JUSTICE MALIK MUHAMMAD QAYYUM, ELECTION TRIBUNAL
Muhammad Azam Suherwardi for Petitioner. Ch. Aitzaz Ahsan for
Respondent No. 1. Nemo for
Respondent No. 2. Kh. Saeed-uz-Zafar, Dy. Attorney-General for Pakistan
Election Petition No.2 of 1994, decision dated: 28-04-1997
JUSTICE MALIK MUHAMMAD QAYYUM, ELECTION TRIBUNAL
Muhammad Azam Suherwardi for Petitioner. Ch. Aitzaz Ahsan for
Respondent No. 1. Nemo for
Respondent No. 2. Kh. Saeed-uz-Zafar, Dy. Attorney-General for Pakistan
ZIA SHAHID
VS
Sh. RAFIQ AHMAD and others
Law:
Section:
(a) Senate (Election) Act (LI of 1975)-------S. 34---Houses of Parliament and Provincial Assemblies (Election) Order (5 of 1977), Art. 5(i)-=-Constitution of Pakistan (1973), Art. 59---Seats in Senate reserved for "professionals"---Returned candidate's qualification as "professional" assailed on the ground that he did not come within ambit of "professional"---Word "profession"---Connotation---Returned candidate's status as . "professional" analysed---No definition of "professional" in Constitution existing, reference must be made to definition appearing in Houses of Parliament and Provincial Assemblies (Election) Order, 1977, which was enacted specifically for purposes of holding election to two Houses of Parliament and Provincial Assemblies---Returned candidate's bio data along with various documents filed by him and his own statement clearly indicated that though he could justifiably claim to be a renowned politician, who had distinguished himself in field of politics, yet he could not claim to be so in legal profession on basis whereof, he claimed to be "professional" within ambit of Art. 5(i), Houses of Parliament and Provincial Assemblies (Election) Order, 1977---Petitioner had neither obtained any distinction in field of law nor did he possess proficiency of requisite level so as to qualify him as professional for purposes of election to reserved seat in Senate---Evidence on record showed that from year 1972-73 onwards, legal practice ceased to remain principal calling and vocation of returned candidate---Person concerned while contesting reserved seat as "professional" must show that he had, by dint of his calibre and acumen, outshone his compatriots and had attained position of eminence at the top of profession at a pedestal higher than others---Returned candidate lacking such qualification could. 'lot claim to be professional, therefore, he was not entitled to contest or to retain seat of Senate in circumstances. ---[Words and phrases]. Sh. Ehsan-ul-Haq Piracha v. Wasim Sajjad PLD 1986 SC 200; Dr. Aon Muhammad Khan v. Lt.-Gen. (Retd.) Saeed Qadir and others PLD 1987 SC 490; Dr. Syed Farooq Hassan and others v. Mumtaz Ahmad Khan PLD 1988 SC 237;…
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