| Citation(s) |
|---|
| 2010 SLG 2681 2010 SLD 2681 2010 PLD 828 |
C.M.A. No. 1624 of 2010 in Civil Appeal No. 409 of 2010, decided on 15th June, 2010.
M. Akram Sheikh, Senior Advocate Supreme Court and Arshad Ali Ch. Advocate-on-Record for Applicant. Kh. Saeed-ul-Zafar, Advocate Supreme Court for
Respondent No. 1. Nemo for
Respondents Nos. 2-13.
MUHAMMAD RIZWAN GILL--Applicant
VS
NADIA AZIZ and others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 99, 14, 67, 78, 82, 94 & 100---Constitution of Pakistan (1973), Arts.62, 63, 218 & 225---Making false statement in respect of `educational qualification' by a candidate for election of Legislative Assembly---Effect--- `Corrupt practices'---Definition---Significance, importance and the usefulness of the Legislative Institutions of a country and dire need to protect their majesty, their dignity, their sanctity and their purity highlighted by Supreme Court---Supreme Court observed that Parliament of any country was one of its noblest, honourable and important institution making not only the policies and the laws for the nation but in fact shaping and carving its very destiny---To preserve the pureness, the piety and the virtuousness of such like eminent and exalted institutions that, inter alia, Arts.62 and 63 of the Constitution and S.99 of the Representation of the People Act, 1976 had declared that amongst others, the persons who were not of good character, who indulged in commission of major sins; who were not honest; who were removed, dismissed or compulsory retired from service of Pakistan; who had obtained loans from Banks and had not repaid the same or who had indulged in corrupt practices during the course of elections, would not be allowed to pollute the clearness of these legislative institutions---First and the most crucial step towards the attainment of the said commanded goal was to ensure that no person who was not constitutionally and legally qualified to contest any such election, was allowed to enter the arena---Demanding duty was cast on the Election Commission and on all other performing functionaries under various election laws to ensure not only that the elections were fair and honest; that no corrupt practices were practised in the elections but also that the individuals who had been declared disqualified to enter the legislative institutions, were not allowed to break into the said Houses and further that to discharge the said onerous obligations, the said functionaries had not been left at the mercy of the objectors or even of the rival candidates and that they could…
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