| Citation(s) |
|---|
| 2004 SLG 1109 2004 SLD 1109 2004 SCMR 979 |
Supreme Court of Pakistan
Civil Petition No.2372 of 2001, decision dated: 7-05-2002.(On appeal from the Order dated 5-7-2001 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.2365 of 2001)
MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. M. Saleem, Tehsil Officer, Talagang for
Respondents
Civil Petition No.2372 of 2001, decision dated: 7-05-2002.(On appeal from the Order dated 5-7-2001 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.2365 of 2001)
MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. M. Saleem, Tehsil Officer, Talagang for
Respondents
Mirza ABDUL REHMAN-
VS
DEPUTY COMMISSIONER/RETURNING OFFICER, ATTOCK and 2 others
Law:
Section:
Punjab Local Government Elections Ordinance (V of 2000)----S.14(s)---Punjab Local Government Elections Rules, 2000, R.18(3)(i)---Constitution of Pakistan (1973), Art.185(3)---Election of Nazim---Rejection of nomination papers of petitioner on ground of his involvement in corrupt practices in earlier election for seat of Chairman, Municipal Committee---High Court refused to settle such factual controversy in exercise of Constitutional jurisdiction---Contention of petitioner was that mere leveling of such allegation would not be a valid ground to disqualify him either in earlier election or in subsequent elections for seat of Nazim without establishing same in proper manner before competent forum---Validity---Allegation of corruption had never been established before any court or authority in an appropriate manner---Such allegation would definitely require a detailed factual inquiry to ascertain its correctness---Neither needful had been done at any stage nor grievance of petitioner had been properly attended in Constitutional petition---Rejection of earlier nomination papers of petitioner for seat of Chairman, Municipal Committee would not ipso facto provide a valid ground to reject his candidature in subsequent elections---Supreme Court converted petition into appeal and disposed of same with such observations. ORDER MUHAMMAD NAWAZ ABBASI, J.--In this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 leave has been sought against the Order dated 5-7-2001 passed by a learned Single Judge in chambers of Lahore High Court, Rawalpindi Bench, in a Constitution petition. The facts in small compass giving rise to this petition are that nomination papers filed by the petitioner to contest the election for the seat of Chairman, Municipal Committee, Attock, were rejected on the objection raised by his rival candidate namely Malik Ijaz Ahmed by the Deputy Commissioner, Attock, vide order dated 7-12-1998 inter alia on the ground that he obtained support of the two members by payment of illegal gratification. On dismissal of appeal preferred by the petitioner before the Commissioner, Rawalpindi Division, against rejection of hisβ¦
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