| Citation(s) |
|---|
| 2005 SLG 675 2005 SLD 675 2005 PLD 52 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1106-K of 2002, decision dated: 18-8-2004.(On appeal from the judgment of the High Court of Sindh, Karachi, dated 11-10-2002 passed in C. P. No. 1547-D of 2002).
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
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Civil Petition for Leave to Appeal No. 1106-K of 2002, decision dated: 18-8-2004.(On appeal from the judgment of the High Court of Sindh, Karachi, dated 11-10-2002 passed in C. P. No. 1547-D of 2002).
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
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AYATULLAH DR. IMRAN LIAQUAT HUSSAIN
VS
ELECTION COMMISSION OF PAKISTAN, ISLAMABAD and another AYATULLAH DR. IMRAN LIAQUAT HUSSAIN vs ELECTION COMMISSION OF PAKISTAN, ISLAMABAD and another
Law:
Section:
(a) Constitution of Pakistan (1973)---------Arts.63, 199, 184 & 185(3)---Representation of the People Act (LXXXV of 1976), S. 14(5-A)---Disqualification for membership of Parliament---Constitutional petition before High Court--Maintainability---Contention of the petitioner before the High Court was that the Election Commission of Pakistan be directed to reject nomination papers of all those candidates who were not faithful to the declaration by the Founder of Pakistan and did not bear true faith and allegiance to Pakistan and would not uphold the sovereignty and integrity of Pakistan, specially the candidate of one particular political party and those candidates who were holding tickets from said political party shall be strictly condemned to participate in the election of 10-10-2002 and their election campaign should be banned until the of Constitutional petition be fulfilled---Petitioner in his arguments before the Supreme Court in petition for leave to appeal against dismissal of the Constitutional petition by High Court leveled a number of allegations against the Quaid of the political party and further contended that the legal and factual aspects of the controversy had not been appreciated in its true perspective by the High Court which resulted in serious miscarriage of justice; that proper opportunity of hearing was not afforded to the petitioner and the main contention as agitated by the petitioner that Quaid of the Political Party in question, who was anti of Pakistan and deadly against the Quaid-e-Azam Muhammad Ali Jinnah, had not been adverted to, which caused serious prejudice against the petitioner and Press clippings attached with the Constitutional petition and brought to the notice of the High Court to substantiate the case of petitioner, were ignored without any rhyme and reason, thus it was a case of misreading and non-reading of record and on that score alone the of the High Court was liable to be set aside ---Validity---Held--Provisions of Representation of the People Act, 1976 were capable enough to meet all sort of such eventualities which were never invoked by the petitioner at opportune moment who preferred to watch the entire…
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