| Citation(s) |
|---|
| 2003 SLG 3908 2003 SLD 3908 2003 PLD 1 |
Balochistan High Court
Constitutional Petitions Nos. 478, 479 and 480 of 2002, Dated: 19th September, 2002, heard on: 16th September, 2002.
RAJA FAYYAZ AHMED, CHIEF, JUSITCE, AKHTAR ZAMAN MALGHANI, JUSTICE AND MUHAMMAD NADIR KHAN, JUSTICE
Muhammad Aslam Chishti, Senior Advocate and Hadi Shakeel Ahmed for Petitioners. Rakhshani, Deputy Prosecutor General NAB (on Courts Notice), I.N. Kohli, Deputy Attorney General and Ghulam Mustafa Mengal, Asstt. A.G. for
Respondents.
Constitutional Petitions Nos. 478, 479 and 480 of 2002, Dated: 19th September, 2002, heard on: 16th September, 2002.
RAJA FAYYAZ AHMED, CHIEF, JUSITCE, AKHTAR ZAMAN MALGHANI, JUSTICE AND MUHAMMAD NADIR KHAN, JUSTICE
Muhammad Aslam Chishti, Senior Advocate and Hadi Shakeel Ahmed for Petitioners. Rakhshani, Deputy Prosecutor General NAB (on Courts Notice), I.N. Kohli, Deputy Attorney General and Ghulam Mustafa Mengal, Asstt. A.G. for
Respondents.
GHULAM AKBAR LASI AND others
VS
RETURNING OFFICER FOR NA 270, AWARAN CUM LASBELLA AT UTHAL AND another
Law:
Section:
(a) Words and phrases---.--- ....."Suspended sentence" ---.---Meaning. Black's Law Dictionary ref. (b) National Accountability Bureau Ordinance (XVIII of 1999) ---.--- Ss. 15, proviso & 25 [as substituted by National Accountability Bureau Ordinance (XXXV of 2001)]---.---Disqualification to contest election ¬Voluntary return/plea bargaining---.---Effect---.---Person availing benefit of S.25 of the National Accountability Bureau Ordinance, 1999 would be deemed to have been convicted under the National Accountability Bureau Ordinance, 1999 and would stand disqualified for. a period of 10 years for seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or Local Authority. (c) Representation of the People Act (LXXXV of 1976)---.--- ---.--- S. 99(1 A)(i)---.---Conduct of General Elections Order (7 of 2002), Art. 8 D(2)q---.---Constitution of Pakistan (1973), Art.63(p)---.---National Accountability Bureau Ordinance (XVIII of 1999), Ss. 15, proviso & 25 [as substituted by National Accountability Bureau Ordinance (XXXV of 2001)]---.---Disqualification to contest election---.---Voluntary return/plea bargaining---.---Non deposit of amount with National Accountability Bureau by the accused/candidate himself---.---Candidate was declared disqualified by the Returning Officer for the reason that he had been released by .the National Accountability Bureau after gaining benefit of the plea bargaining as provided under S.25 of National Accountability Bureau Ordinance, 1999 ¬Plea raised by the candidate was that he did not enter into the plea of bargaining himself and amount was not tendered/deposited by him personally, therefore, he could not be disqualified under S.15 of National Accountability Bureau Ordinance, 1999, to contest the general elections ¬Validity---.---As the candidate was arrested under specific charges and 'then released by taking benefit of an enabling provision, then the candidate could not say that he was not beneficiary of S.25 of National Accountability Bureau Ordinance, 1999---.---When the candidate was under custody, it was natural that the amount would be deposited by any…
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