| Citation(s) |
|---|
| 1997 SLG 695 1997 SLD 695 1997 SCMR 970 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 119 and 120 of 1995 decided on 6-12-1995
AJMAL MIAN, FAZAL KARIM AND MUKHTAR AHMED, JUNEJO, JJ
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Civil Petitions for Leave to Appeal Nos. 119 and 120 of 1995 decided on 6-12-1995
AJMAL MIAN, FAZAL KARIM AND MUKHTAR AHMED, JUNEJO, JJ
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Haji KAMAL HUSSAIN
VS
ZULIIQAR ALI and others
Law:
Section:
Representation of the People Act (LXXXV of 1976)--S. 52---Constitution of Pakistan (1973), Art. 185(3)---Election 'petition against returned candidate that he had not attained age of 25 years as required under the Constitution, was allowed on basis of school certificate--- Returned candidate was non-seated---Returned candidate's appeal was accepted by High Court in which reliance was placed by High Court on identity card and the factum that returned candidate succeeded his father in 1987 and had been given "Lungi" which could only be given when person concerned had attained age of 21 years---Validity---Leave to appeal was granted to consider, whether High Court was justified in reversing finding of Election Tribunal on basis of material available on record. Saeed Baig, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 6th December, 1995.; ORDER AJMAL MIAN, J.---By this common order we intend to dispose of the above two, petitions for leave to appeal. The respondent No.1 contested election of National Assembly from,Constituency NA-28, FATA-2, Kurram Agency in the general elections held on 6-10-1993 and -was declared successful having secured 717 votes against the petitioner's 512 votes. The petitioner filed an election petition impugning the above elections inter alia on the ground that on the relevant date, respondent No.1 had not attained the age of 25 years as required under the Constitution of the Islamic Republic of Pakistan, 1973. The above petition was resisted by…
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