| Citation(s) |
|---|
| 1999 SLG 691 1999 SLD 691 1999 SCMR 90 |
Supreme Court of Pakistan
Civil Petitions Nos-681-L, 903-L and 904-L of 1998, decided *on 23rd June, 1998.
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
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Civil Petitions Nos-681-L, 903-L and 904-L of 1998, decided *on 23rd June, 1998.
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
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M.P. KHAN and others
VS
Justice (Retd) MUHAMMAD RAFIQ TARAR and others
Law:
Section:
Constitution of Pakistan (1973)--Second Sched., para. 4 & Art. 185(3) --- Candidates for office of the President --- Valid nomination papers in respect of candidate for office of President required that the same should be proposed and seconded by member of electoral college --- Petitioner's nomination papers were not submitted as required by the Constitution, therefore, Chief Election Commissioner rightly rejected the same --- Petitioners while appearing in person could not substantiate their case before Court and failed to point out any illegality in impugned orders so as to justify interference by Court. Petitioners in person. Nemo for Respondents, Date of hearing: 23rd June, 1998 ORDER SH. RIAZ AHMED, J.-This order shall dispose of C.P.L.A. No.681L of 1998 filed by M.P. Khan and C.P.L * As. Nos.903-L and 904-L of 1998 filed Major (Retd.) Faisal Naseer Khan seeking leave to appeal against the judgment and order dated 9-2-1998 delivered by a Full Bench consisting of three learned Judges of the Lahore High Court whereby the order dated 18-12-1997 passed by the Acting Chief Election Commissioner rejecting the nomination papers filed by the petitioners to contest the election to the office of the President of Pakistan was affirmed and the writ petitions filed by the petitioners were dismissed. 2. The facts in brief giving rise to the institution of these petitions are that consequent to the resignation of Mr. Farooq Ahmad Khan Leghari, the then President of Pakistan, the office of the President of Pakistan fell vacant. To fill the vacancy s~ occurring the Acting Chief Election Commissioner in exercise of the powers conferred upon him by Article 41(3) read with Second Schedule to the Constitution of the Islamic Republic of Pakistan proceeded to conduct the election. The petitioners also filed their nomination papers without being proposed or seconded by any over and, thus, during the scrutiny of the nomination papers the Acting Chief Election Commissioner rejected the said nomination papers being violative of para. 4 of the Second Schedule to the Constitution. Para. 4 of the Second Schedule reads as under:-- "4. At any time before noon on the day fixed for…
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