Law: Representation of the People Act, 1976

Section: 67(3),99

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Representation of the People Act (LXXXV of 1976)--- ----Ss. 67(3) & 99---Age of candidate---Determination---Decree of civil court---Election petition was allowed by Election Tribunal on the ground that returned candidate was not of' the age of 25 years at the time of filing of his nomination papers---Plea raised by the candidate was that much before filing of nomination papers, his age had been determined by civil court---Validity---So long decree of civil court determining age of candidate above 25 years on the date of filing of nomination papers was intact, the objection that he was less than 25 years of age on the date of nomination papers, could not be raised to contend that he was suffering from disqualification to contest election---Candidate was enrolled as voter in the constituency from which he was contesting election and he having not been found to be suffering from any other disqualification to contest election, was declared a validly nominated candidate---Neither any appeal was filed against acceptance of nomination papers of the candidate nor order passed on application under S.12 (2) C.P.C., challenging the decree was further assailed---Election Tribunal not being competent court to sit over of civil court would have no jurisdiction to go beyond the decree and pass a contrary order in respect of the age of candidate---Judgment passed by Election Tribunal was set aside---Appeal was allowed. ORDER IFTIKHAR MUHAMMAD CHUDHRY, C.J.--- Instant appeal has been filed against the judgment dated 2nd June, 2003 passed by the Peshawar High Court, Peshawar in Election Petition No.29 of 2002. Precisely stating facts of the case are that appellant submitted nomination papers on 23rd August, 2002 to contest the Election of the Office of MPA from PF 42, Hangu-I. The Returning Officer after having examined his documents vide detailed order dated 2nd September, 2002 concluded that he was qualified to contest the election and thus in the contest, the appellant secured more votes to that of his opponent and as such was declared successful candidate. The respondent filed an Election Petition against the appellant, which was allowed by the Election Tribunal…

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