2006 PLP 1485 (SCMR)
MUHAMMAD SALEEM BUTT and another — Petitioners Versus PROVINCIAL ELECTION COMMISSIONER, BALOCHISTAN and others — Respondents
| Citation | 2006 PLP 1485 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J. Sardar Muhammad Raza Khan and Saiyed Saeed Ashhad, JJ |
| Parties | MUHAMMAD SALEEM BUTT and another — Petitioners Versus PROVINCIAL ELECTION COMMISSIONER, BALOCHISTAN and others — Respondents |
| Primary Law | Balochistan Local Government Ordinance (XVIII of 2001) |
Q1: What are the key laws and sections cited in 2006 PLP 1485 (SCMR)?
This judgment primarily cites: Balochistan Local Government Ordinance (XVIII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1485 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J. Sardar Muhammad Raza Khan and Saiyed Saeed Ashhad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1485 (SCMR) (MUHAMMAD SALEEM BUTT and another — Petitioners Versus PROVINCIAL ELECTION COMMISSIONER, BALOCHISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Anayat Ullah Khan Niazi, Advocate Supreme Court for Petitioners.
- Shakeel Ahmad, Advocate Supreme Court for Respondent No.16.
- Date of hearing: 19th August, 2005.
- Salahuddin Mengal, Advocate-General, Balochistan and Muhammad Yawar Ali, D.A.-G. on Court Notice.
- 4. On the other hand learned counsel for the caveator and Advocate-General, Balochistan stated that petitioner had been issuing bogus and fake notices to the Government Officers during his posting in the Anti-Corruption Department, therefore, his case is fully covered under the provisions of section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
Headnotes / Summary
(On appeal from the judgment, dated 15-8-2005 of the Balochistan High Court, Quetta in Constitution Petition No.390 of 2005).
S. 152(1)(h)
Constitution of Pakistan (1973), Art..185(3)
Rejection of nomination papers
Nomination papers filed by petitioner for election of office of Nazim Union Council, were rejected by Returning Officer on the ground that he had been dismissed from police service
Rejection order of Returning Officer, having been maintained by District Returning Officer as well as by the High Court, petitioner had filed petition for leave to appeal
Contention of petitioner was that he was dismissed from service, not on account of any moral turpitude, but for some disciplinary reasons and that his case was not covered under S.152(1)(h) of Balochistan Local Government Ordinance, 2001
Leave to appeal was granted to consider as to whether the High Court was justified in non-suiting petitioner under S.152(1)(h) of Balochistan Local Government Ordinance, 2001
During pendency of decision of appeal arising out of present petition, petitioner was allowed to contest elections. Salahuddin Mengal, Advocate-General, Balochistan and Muhammad Yawar Ali, D.A.-G. on Court Notice.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
Leave to appeal has been filed against the judgment dated 15-8-2005 passed by the Balochistan High Court Quetta.
2. Precisely stated facts of the case are, that petitioner filed nomination papers for election of the office of Nazim Union Council Ward No.2 M.A. Jinnah Road, Quetta. Returning Officer vide order, dated 30-7-2005 rejected his nomination papers on the ground that he was dismissed from police service. The order of Returning Officer has been maintained by the District Returning Officer as well as by the High Court vide impugned judgments, dated 2-8-2005 and 15-8-2005 respectively.
3. Learned counsel for the petitioner stated that petitioner was dismissed from service not on account of moral turpitude but for some disciplinary reasons which are evident from the order of the D.I.-G. Police, dated 8-6-2000 therefore, his case is not covered under section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
4. On the other hand learned counsel for the caveator and Advocate-General, Balochistan stated that petitioner had been issuing bogus and fake notices to the Government Officers during his posting in the Anti-Corruption Department, therefore, his case is fully covered under the provisions of section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
5. After hearing learned counsel for both the parties we grant leave to appeal to consider as to whether the High Court was justified in non-suiting the petitioner under section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
6. Pending decision of the appeal arising out of this petition, the petitioner is allowed to contest elections.
7. The concerned Returning Officer is directed to complete the pre-poll proceedings and allow the petitioner to participate in the election, scheduled to be held on 25th August, 2005.
8. Appeal arising out of this petition be fixed in the 3rd week of September, 2005. Order be communicated by fax to Returning Officer. H.B.T./M-28/SC????????????????????????????????????????????????????????????????????????????????? Leave granted.