Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 10

Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 10

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Constitution of Pakistan, 1973

Section: 63(1)(h),225

Representation of the People Act (LXXXV of 1976)-------S. 99(1)(g) & (1-A)(h)---National Accountability Ordinance (XVIII of 1999), S.10---Constitution of Pakistan (1973), Ars.63(1)(h) & 199---Constitutional petition---Provincial Assembly, election of---Conviction of respondent by Accountability Court upheld by High Court against which petition for leave to appeal pending before Supreme Court---Non­disclosure of such conviction in nomination papers by respondent---Effect---Declaration of respondent as returned candidate in election---Validity---Respondent had not controverted contents of writ petition---Respondent was suffering from pre-election disqualification, thus, was not qualified to be elected to or hold office of M.P.A. in view of provisions of Art.63(1)(h) & S.99(1-A)(h) of Representation of the People Act, 1976---High Court directed Election Commission ,to proceed further in the matter accordingly. Lt.-Col. Farzand Ali and others v. Province of West Pakistan through Secretary, Department of Agriculture Government of West Pakistan PLD 1970 SC 98 rel. Hafiz Hamdullah v. Saifullah Khan and others PLD 2007 SC 52 ref. M.A. Ghafarul Haq and Syed Ali Zafar for Petitioner. Respondent No.3: Ex part vide order, dated 25-5-2009. ORDER MAULVI ANWARUL HAQ, J.---This judgment shall decide Writ Petitions Nos.1480 of 2008 and 1479 of 2008 as common questions are involved. 2. The petitioner in Writ Petition No.1480 of 2008 is stated to be a voter of the constituency while petitioner in Writ Petition No.1479 of 2008 was a candidate in the election in question. Inter alia, the said petitioners and respondent No.3 in both these cases contested election to the Provincial Assembly from Constituency PP-284, Bahawalnagar. On the close of poll respondent No.3 was declared returned, with 26,888 votes. 3. Learned counsel for the petitioner contends that respondent No.3 was disqualified from being elected to the said office or to hold the same. According to them he was convicted by Accountability Court for offence of corruption and corrupt practices under section 10 of National Accountability Bureau Ordinance, 1999 and was sentenced vide judgment, dated 9-7-2001.…

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