| Citation(s) |
|---|
| 2009 SLG 1225 2009 SLD 1225 2009 PLD 237 |
Supreme Court of Pakistan
Civil Petitions Nos.878, 657-L, 803, 905 of 2008, C.M.As. Nos.95 of 2009, 471-L of 2008 in C.P.No. Nil of 2008, decision dated: 25-02-2009
MUHAMMAD MOOSA K. LEGHARI, SYED SAKHI HUSSAIN BUKHARI AND SHEIKH HAKIM ALI, JJ
Sardar Muhammad Latif Khan Khosa, Attorney-General for Pakistan (On Court call) (in Civil Petition No. 878 of 2008 and C.M.A. No. 95 of 2009). Agha Tariq Mahmood, D.A.G. and Arshad Ali Chaudhry, Advocate on-Record (in Civil Petition No. 878 of 2008 and C.
Civil Petitions Nos.878, 657-L, 803, 905 of 2008, C.M.As. Nos.95 of 2009, 471-L of 2008 in C.P.No. Nil of 2008, decision dated: 25-02-2009
MUHAMMAD MOOSA K. LEGHARI, SYED SAKHI HUSSAIN BUKHARI AND SHEIKH HAKIM ALI, JJ
Sardar Muhammad Latif Khan Khosa, Attorney-General for Pakistan (On Court call) (in Civil Petition No. 878 of 2008 and C.M.A. No. 95 of 2009). Agha Tariq Mahmood, D.A.G. and Arshad Ali Chaudhry, Advocate on-Record (in Civil Petition No. 878 of 2008 and C.
FEDERATION OF PAKISTAN through secretary, Cabinet Division, Islamabad and others
VS
Mian MUHAMMAD SHAHBAZ SHARIF and others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)-------Ss. 11, 11-A, 12, & 15---Conduct of elections---Interpretation of Ss.11, 11-A, 12 & 15 of the Representation of the People Act, 1976. (b) Representation of the People Act (LXXXV of 1976)-------S. 14(5) & (5-A)---Scope of S.14(5) & (5-A) of the Representation of the People Act, 1976---Word "source" has a very wide meaning and includes a person, a book or any other document that can be used to provide information/evidence---Definition of "person" would include artificial person or legal entity and natural person viz. human beings-men or women. New Webster's Dictionary; Oxford English Dictionary; Words and Phrases by West Publishing Co.; Dictionary/thesaurus; Chambers 21st Century Dictionary and Black's Law Dictionary ref. (c) Representation of the People Act (LXXXV of 1976)-------Ss. 14(5-A), (6) & 99---Constitution of Pakistan (1973), Art.63---Qualification and disqualification of a candidate to contest election---Election Tribunal is vested with the powers to call upon a candidate on the basis of any information or material brought to its knowledge, to show cause as to why his nomination papers should not be rejected on account of disqualifications enumerated in S.14(5-A) of the Representation of the People Act, 1976 and the ones as contained in Art.63 of the Constitution and S.99 of the Representation of the People Act, 1976---Decision of Election Tribunal in such matter shall not be governed by S.14(b) of the Act meaning thereby that Election Tribunal has to arrive at a definite conclusion after it has taken notice of the matter, and that such information or material can be brought to its knowledge by any source viz. a body corporate, juristic or natural person--Election Tribunal shall take effective steps. to adjudicate the election dispute in an expeditious manner within a reasonable time---Chief Election Commissioner, erroneously treating the information laid down before the Election Tribunal by a person who was not a candidate, as an appeal was legally untenable--Observation of Chief Election Commissioner that the same was to be deemed to have been rejected was against the law.…
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