| Citation(s) |
|---|
| 1996 SLG 264 1996 SLD 264 1996 PLD 717 |
Supreme Court of Pakistan
Civil Appeals Nos. 844 and 852 of 1994, decision dated: 21st May, 1996.(On appeal from the judgment dated 2710-1994 passed by the Election Tribunal, Peshawar, in Election Petition No.24 of 1993).
SAJJAD ALI SHAH, CJ AND NASIR ASLAM ZAHID, J
M. Sardar Khan, Senior Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record (absent) (in C.A. No. 884 of 1994 and in C.A. No. 852 of 1994).. Qazi M. Anwar, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record (in C.A. No. 852
Civil Appeals Nos. 844 and 852 of 1994, decision dated: 21st May, 1996.(On appeal from the judgment dated 2710-1994 passed by the Election Tribunal, Peshawar, in Election Petition No.24 of 1993).
SAJJAD ALI SHAH, CJ AND NASIR ASLAM ZAHID, J
M. Sardar Khan, Senior Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record (absent) (in C.A. No. 884 of 1994 and in C.A. No. 852 of 1994).. Qazi M. Anwar, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record (in C.A. No. 852
Sahibzada TARIQULLAH
VS
Haji AMANULLAH KHAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)------- Art. 63(l)(e) --- Representation of the People Act (1XXXV of 1976), S.99(1-A)(e) --- Disqualification for membership of Parliament --- Candidate was employed by Afghan Refugees Organisation --- Evidence on record showed that entire management of the organisation vested in the Government and Government had not a mere regulatory control over the organisation --- Salaries of officers of the cadre of the candidate were paid directly by the Accountant General of the Provincial Government and the funds for running the organisation were provided b y the Government though international aid-giving agencies were reimbursing the Government in that regard --- Held, for disqualification under Art. 63(l)(e), Constitution of Pakistan (1973), it was not necessary that the candidate must be a civil servant --- Article 63(l)(e) of the Constitution would also be attracted in case it was found that the candidate was in the service of anybody which is owned or controlled by the Government --- Afghan Refugees Organisation being controlled by the Government the candidate who was its employee was rightly disqualified. Ghulam Rasool v. Muhammad Hayat PLD 1984 SC 385 distinguished. Sabiruddin v. Mushtaq Hussain Bhatti PLD 1993 SC 412; Alain Zab Khan v. Commissioner, Afghan Refugees 1994 SCMR 546; Mir Ahmad Khan v. Secretary to the Government Civil Appeal No.574 of 1992 and Commissioner, A.R.O. and others v. Fazli Hakim Civil Appeal No.22(P).of 1988 ref. (b) Constitution of Pakistan (1973)--- ---- Art. 63(l)(e) --- Representation of the People Act (LXXXV of 1976), S.99(1-A)(e) --- Disqualification for membership of Parliament --- Disqualification of elected candidate was not notorious --- Declaration of whole election as void by Election Tribunal was justified for votes cast in the favour of disqualified elected candidate could not be deemed to have been thrown away. JUDGMEENT NASIR ASLAM ZAHID, J.--- this judgment will dispose of Civil Appeal No.844 of 1.994 filed by Sahibzada Tariquilah and Civil Appeal No.852 of 1994 filed by Haji Amanuallah Khan as both are directed against the judgment dated 2-10-1994 of the Election Tribunal. We have…
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