| Citation(s) |
|---|
| 2005 SLG 1895 2005 SLD 1895 2005 PLD 712 |
Lahore High Court
Writ Petition No. 14350 of 2005, decided on 18th August, 2005
UMAR ATA BANDIAL, J
Ch. Fawad Hussain for Petitioners. M. Sohail Dar for
Respondent No. 5. Yawar Ali Khan, Deputy Attorney-General
Writ Petition No. 14350 of 2005, decided on 18th August, 2005
UMAR ATA BANDIAL, J
Ch. Fawad Hussain for Petitioners. M. Sohail Dar for
Respondent No. 5. Yawar Ali Khan, Deputy Attorney-General
MUHAMMAD ABID HASSAN and others
VS
D.R.O. and others
Law:
Section:
(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 152(1)(v) & 150---Chief Election Commission of Pakistan Letter No.F.3(1)/2005-Election, dated 18-7-2005---Constitution of Pakistan (1973), Art. 199 --- Constitutional petition---Election of Nazim and Naib Nazim---Disqualification of one of the joint candidates on the charge of being activist of a banned organization and having been involved in three criminal cases including one that of murder---Validity---Nature and quality of evidence required to incur the said disqualification was reflected by the word "involved" used in S. 152(1)(v) of the Punjab Local Government Ordinance, 2001 which could be defined to mean "implicated", "affected" or "concerned in some degree"---Mere implication of a candidate in any activity having one or more of the stated prejudicial effects mentioned in S.152(1)(v) of the Ordinance fell within the mischief of said disqualification and it was not necessary that a person should be accused of or be found guilty of the commission of a criminal offence in order to be disqualified---Election Commission of Pakistan vide its Letter No.F.3(1)/2005-Election, dated 18-7-2005 had notified that present as well as past membership of a candidate in such an organization was a ground of his disqualification from election which letter could find authority under the Local Government Elections Order, 2000 read with S. 150 of the Punjab Local Government Ordinance, 2001---Said letter of the Election Commission of Pakistan dispensed with the need to show any overt act of violence or participation in political activity by a candidate in order to cause his disqualification---Membership of banned organization was sufficient to demonstrate a mind-set which was proscribed---High Court, in circumstances, held that a valid case for the petitioner's disqualification was made out and the order passed by the Deputy Returning Officer was well-founded---Principles. Ballentine's Law Dictionary, Third Edition, 1969 and Chambers 21st Century Dictionary 1999 ref. (b) Punjab Local Government Ordinance (XIII of 2001)--- ----S. 152(1)(v)---Election of Nazim and Naib Nazim---Disqualification- -In case of…
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