Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S. 7(4)---Amendment of Electoral Roll---Duties of Returning Officer--­Returing Officer, on the date of scrutiny, could not pass an order which, in any way, amounted to the alteration in or amendment of the Electoral Roll as such. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 14(3) & 56(2)---Constitution of Pakistan (1973), Arts.62 & 63-- Qualification or disqualification of a candidate for National Assembly---Election petition---Inquiry into the disqualification of the candidate, by the Returning Officer on a suo motu action---Validity---Where any objection was taken relating to the disqualification of a candidate, the Returning Officer was competent to examine such point or points of disqualification---Where no such objection was raised, Returning Officer was empowered to take such action suo mote. provided there were sufficient grounds to take such action---To contest election was a statutory right of a person while the disqualifications were Constitutional. as the same were laid down in Arts.62 & 63 of the Constitution, 1973--­Article 62(d) required a person to be of good character and not "commonly known" as one who violated Islamic Injunctions---Where there was evidence against the petitioner that he was involved in drug business the same was sufficient even if the petitioner was "commonly known"---Held, Returning Officer was duty bound to know such "commonly known" aspect of the conduct of the person---Order of Returning Officer rejecting nomination papers of the petitioner for elections of National Assembly was upheld aid the petition was dismissed. Haji Abdur Rehman v. Ghulam Hassan 1984 CLC 572; Faisal Saleh Hayat v. Returning Officer PLD 1977 Journal 295; Syed Aminuadin Chaudhry v. Election Tribunal PLD 1968 SC 235 and PLD 1969 SC 5 ref. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 99(1-A)(g)---Disqualification---Drug trafficking---Where there was an evidence against the candidate of his involvement in drug trafficking, the same was sufficient for his disqualification as a candidate for election. JUDGMENT Haji Baroz Khan son of Niamat Khan…

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