| Citation(s) |
|---|
| 2008 SLG 1935 2008 SLD 1935 2008 PLD 22 |
Supreme Court of Pakistan
Constitutional Petition No.83 of 2007, decision dated: 22-11-2007
ABDUL HAMEED DOGAR, C.J., MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, M. JAVED BUTTAR, IJAZ-UL-HASSAN KHAN, MUHAMMAD QAIM, JAN KHAN, MUHAMMAD MOOSA K. LEGHARI, CH. EJAZ YOUSAF, MUHAMMAD AKHTAR SHABBIR AND ZIA PERWEZ, JJ
Petitioner in person. Nemo No. 1. Malik Muhammad Qayyum, Attorney General for Pakistan, Mst. Nahida Mehboob Ellahi, D.A.G. Sardar M. Ghazi, D.A.G., Raja Niaz Ahmed Rathore, D.A.G., Haji Muhammad Rafi Siddique, Advocate Supreme Court, Roy M. Nawaz Kharal,
Constitutional Petition No.83 of 2007, decision dated: 22-11-2007
ABDUL HAMEED DOGAR, C.J., MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, M. JAVED BUTTAR, IJAZ-UL-HASSAN KHAN, MUHAMMAD QAIM, JAN KHAN, MUHAMMAD MOOSA K. LEGHARI, CH. EJAZ YOUSAF, MUHAMMAD AKHTAR SHABBIR AND ZIA PERWEZ, JJ
Petitioner in person. Nemo No. 1. Malik Muhammad Qayyum, Attorney General for Pakistan, Mst. Nahida Mehboob Ellahi, D.A.G. Sardar M. Ghazi, D.A.G., Raja Niaz Ahmed Rathore, D.A.G., Haji Muhammad Rafi Siddique, Advocate Supreme Court, Roy M. Nawaz Kharal,
Dr. ZAHOOR MEHDI
VS
CHIEF ELECTION COMMISSIONER, ISLMABAD and others
Law:
Section:
(a) Constitution of Pakistan (1973)--- ----Second Sched., para. 4 & Art.184(3)---Presidential Election Rules, 1988, R.5(3)(b)---Election of President---Requirement of proposer and seconder for a candidate for presidential election could not be dispensed with---Rejection of nomination papers of a candidate having no proposer and seconder by the Chief Election Commissioner of Pakistan was unexceptionable. M.P. Khan v. Muhammad Rafiq Tarrar 1999 SCMR 90 fol. (b) Constitution of Pakistan (1973)--- ----Art. 184(3) & Chapter 1, Part-II [Arts. 8-28]---Constitutional petition under Art.184(3) of the Constitution before the Supreme Court---Maintainability---Petitions challenging matters relating to the election of the President do not involve question of public importance with reference to the enforcement of fundamental rights conferred by Chapter 1 of Part-II of the Constitution and as such are not maintainable. Qazi Hussain Ahmad v. General Pervaiz Muhammad, Constitution Petition No.58 of 2007 (PLD 2008 SC 30) fol. ORDER ABDUL HAMEED DOGAR, C J.---Through the titled Constitutional Petition, petitioner Dr. Zahoor Mehdi, a candidate for election of President prays that the order of the Chief Election Commissioner dated 29-9-2007 whereby his nomination papers for election of President were rejected may be set aside and he may be held qualified to contest the Presidential election. He further prays that under the doctrine of necessity he may be given caretaker charge of the - Government so that he is able to ameliorate the national economy which objective he would achieve by saving 30% of running expenditure of the country and by boosting up 90% NGDP. 2. In support of the petition, the petitioner contended that Articles 41 and 62 of the Constitution, which deal with the qualifications for the President, do not lay down the requirement of proposer and seconder for a Presidential candidate, but is the requirement of sub-rules (3)(b) of rule 5 of the Presidential Election Rules, 1988, which is a subordinate legislation, therefore, absence of proposer and seconder does not constitute…
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