Case Details

Citation(s)
2006 SLG 1935 2006 SLD 1935 2006 CLC 87
Lahore High Court
Writ Petition No.2217 of 2005, decision dated: 8-08-2005.
ABDUL SHAKOOR PARACHA, J

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Raja MUHAMMAD SAFDAR

VS

DISTRICT RETURNING OFFICER, RAWALPINDI and 2 others

Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)-------S. 152(1)(g)----Punjab Local Government Elections Rules, 2005, R.14(4)---Constitution of Pakistan, 1973, Art. 199 --- Constitutional petition---Disqualification of candidate due to bad character---Objections taken by one of the respondents against the nomination papers of the petitioner were dismissed by the Returning Officer---Appeal filed by the respondent against the said dismissal was allowed. by the District Returning Officer and the nomination papers of the petitioner were rejected on the ground that one of the earlier elections of the petitioner was declared illegal by the order of the Election Tribunal due to the fact that petitioner was discharged from the army for bearing unsatisfactory character and this discharge document was forged by him- Contention of the petitioner was that the said order of the Election Tribunal could not be made the basis for disqualification as it was not final for the matter was sub judice before the High Court---Contention of the respondent that the Election Tribunal's findings reflected upon the bad character of the petitioner and the petitioner was involved in criminal cases which were registered with the police---Validity---District Returning Officer had illegally relied on the order of the Election Tribunal and recorded a finding that the same was still in force---Order of the Election Tribunal had been suspended by the High Court under constitutional jurisdiction---Effect of suspension order of the High Court was that the order of the Election Tribunal was not in field for the time being---Mere registration of criminal cases against the petitioner would not tell upon the bad character of the petitioner and would not disqualify him to contest elections as per provisions of S.152(1)(g) of the Punjab Local Government Ordinance, 2001---Constitutional petition was allowed in circumstances. Raja Muhammad Afzal v. Ch. Muhammad Altaf Hussain and others 1986, SCMR 1736 and Munir Ahmad and another v. District Returning Officer/Appellate Authority, Sargodha and others 2004 SCMR 1456 ref. (b)Words and phrases--- ----"Suspend"---Meaning of---"Suspend" means to interrupt, to…
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