| Citation(s) |
|---|
| 2003 SLG 2482 2003 SLD 2482 2003 CLC 300 |
Sindh High Court
Constitutional Petition No. 1673 and Miscellaneous Application No.4271 of 2002, decision dated: 25-09-2002.
GHULAM RABBANI, ANWAR ZAHEER, JAMALI AND S. ALI ASLAM, JAFRI, JJ
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Constitutional Petition No. 1673 and Miscellaneous Application No.4271 of 2002, decision dated: 25-09-2002.
GHULAM RABBANI, ANWAR ZAHEER, JAMALI AND S. ALI ASLAM, JAFRI, JJ
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Pir MAZHAR-ULHAQUE
VS
ELECTION TRIBUNALI
Law:
Section:
Representation of the People Act (LXXXV of 1976)--------S. 99(1-A)(h)---Conduct of Elections Order [Chief Executive's Order No.7 of 2002], Art.8D---Ehtesab Act' (IX of 1997). S.4---Nomination papers, rejection of ---Ehtesab Court had convicted petitioner in two Ehtesab References on the charge of corruption---Supreme Court in appeals filed against such conviction and sentences had suspended only sentence of imprisonment of petitioner---Petitioner was, thus, not qualified to be elected as member of Majlis-e-Shoora or any Assembly in view of Art.8D of Conduct of Elections Order, 2002 and S.99(1-A)(h) of Representation of the People Act, 1976---Rejection of nomination papers of petitioner by Election Tribunal was, held, to be legal. Abdul Ghafoor Mangi for Petitioner. ORDER GHULAM RABBANI, J.---Through this petition, the petitioner has challenged the order dated 12th September, 2002 passed by learned Tribunal whereby, while allowing the appeal filed by respondent No.3, nomination form of the petitioner has been rejected. 2. We have heard arguments of learned counsel and with his assistance we have examined the papers available before us. Admitted position is that-petitioner was convicted by Ehtesab Court presided over by Judge of this Court in two Ehtesab References bearing Nos.6 of 1997 and 8 of 1997. Against the conviction and sentences appeals bearing A Nos.247 of 1997 and 255 of 1998 were filed before the Honourable Supreme Court by the petitioner wherein only sentence of imprisonment of the petitioner was suspended vide orders dated 11-12-1997 and 19-11-1998. 3. The petitioner, as noted above, was convicted by Ehtesab Court on the charge of corruption which fact has been admitted in the oral…
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