Law: Constitution of Pakistan, 1973

Section: 63,63(h)

Law: Constitution of Pakistan, 1973

Section: 63,63(h)

Law: Representation of the People Act, 1976

Section: 99,99,1A(s)

Representation of the People Act (LXXXV of 1976)-------Ss. 14(5) & 99---Criminal Procedure Code (V of 1898), S.430---Constitution of Pakistan (1973), Art.63---Acceptation of nomination papers---Appeal against---Both appellant and respondent filed nomination papers in respect of elections scheduled to be held on 8-1-2008---During the course of scrutiny of nomination papers, appellant raised objection against respondent that Accountability Court had convicted and sentenced him for being defaulter and that he had concealed that fact---Validity---Conviction and sentence in question awarded to respondent by the Accountability Court, had been challenged in two appeals, which. were awaiting decision of the High Court---Matter of guilt or innocence of respondent was sub judice and in terms of S.430, Cr.P.C. decision of the High Court would be the final determination of his guilt or otherwise---Respondent for the time being, could not be considered a convict within the meaning of Art.63(h) of Constitution and clause (r) of subsection (1)(a) of S.99 of Representation of the People Act, 1976---Pendency of appeal was always considered to be continuation of the trial---Even otherwise, conviction and sentence awarded to respondent had been suspended by a Division Bench of High Court and. said order of suspension was not challenged by the prosecution---Impugned order did not suffer from any illegality or irregularity nor same was without jurisdiction. 2006 YLR 48 ref. Dr. Khalid Ranjha for Appellants (in E.A. No.70-A of 2007). Shaukat Ali Merh for Appellants (in E.A. No.46-A of 2007). Muhammad Shahid Baig and Waqar A. Sheikh for Respondents (in E.A. No.70-A of 2007). Waqar A. Sheikh for Respondent (in E.A. No.46-A of 2007). Asad Bilal, Inspector, Income Tax Department, Multan Zone. Date of hearing: 12th December, 2007. JUDGMENT FAZAL-E-MIRAN CHAUHAN, ELECTION TRIBUNAL---This judgment will dispose of Election Appeal No.70-A of 2007 titled as "Sikandar Hayat Khan Bosan v. Syed Yousaf Raza Gillani etc." and Election Appeal No.46-A of 2007 titled as "Fazal Ahmad Sheikh v. Syed Yousaf Raza Gilani", as the same question is involved in both the appeals. 2. For the participation…

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