2001 PLP 834 (YLR)
MUHAMMAD HANIF — Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD and 5 others — Respondents
| Citation | 2001 PLP 834 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Saqib Nisar, J |
| Parties | MUHAMMAD HANIF — Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD and 5 others — Respondents |
| Primary Law | (b) Punjab Local Government Elections Rules, 2000, (c) Punjab Local Government Elections Rules, 2000, (a) Punjab Local Government Elections Ordinance (V of 2000) |
Q1: What are the key laws and sections cited in 2001 PLP 834 (YLR)?
This judgment primarily cites: (b) Punjab Local Government Elections Rules, 2000, (c) Punjab Local Government Elections Rules, 2000, (a) Punjab Local Government Elections Ordinance (V of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 834 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Saqib Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 834 (YLR) (MUHAMMAD HANIF — Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pir S.A. Rashid for Petitioner.
Headnotes / Summary
S.14
Disqualification of candidate-- Intelligence reports
Reliance can not be placed upon the intelligence reports, as the same are of hearsay nature.
R. 18(3)
Constitution of Pakistan (1973), Art. 199
Constitutional petition-- Rejection of joint candidature
Petitioner filed joint nomination papers for the seat of Nazim but as the nomination papers of Naib Nazim were rejected by Returning Officer, the papers of the petitioner were also rejected-- Validity
Where the petitioner had himself submitted his joint nomination papers, on the basis of .the Election laws, both shared the qualifications of each other, and if, one of the joint candidates, had been declared to be disqualified, the other joint candidate, would also sink alongwith him
High Court declined to interfere with the order passed by the Returning Officer-- Constitutional petition was dismissed in limine.
R. 18(3)
Constitution of Pakistan (1973), Art. 203-D
Rejection of joint nomination
Whether repugnant to Injunctions of Islam
Jurisdiction of Federal Shariat Court
Jurisdiction of High Court in exercise of powers under Art. 199 of the Constitution
Scope
Under the provisions of Art.203-D of the Constitution, to examine and declare any provision of any statute as repugnant to the Injunctions of Islam, the Holy Qur'an or Sunnah of the Holy Prophet (p.b.u.h.) is within the exclusive jurisdiction of the Federal Shariat Court.
Judgment & Decree
Petitioner alongwith one Shams-ul Haq, filed joint nomination papers, to contest the election for the seats of Nazim and Naib Nazim of the concerned Union Council. The nomination papers of Shams-ul-Haq, were rejected as his Matriculation Certificate, was found to be bogus; against the above, an appeal was filed, but without any success. Subsequently, the elections were conducted and respondents Nos.5 and 6 have been declared as returned candidates.
2. It is the case of the petitioner, that the Government of Pakistan, has conducted a thorough investigation through the officials of the Intelligence Department for the candidates of Nazim and Naib-Nazim; and as per such reports, Haq Nawaz/respondent No.5, is found to be a police tout, therefore, he is disqualified to contest the election and hold the post. According to this plea, it may be held, that in law no reliance can be placed upon the so-called intelligence reports, which are of hearsay nature, besides no such report has been placed on the record, therefore, the argument of the learned counsel is repelled.
3. As regards the other submission, that proviso to Rule 18(3) of the Punjab Local Government Elections Rules, 2000, i.e. "Provided that in case of rejection of the nominations of either a Nazim or a Naib Nazim as joint candidates, the nomination as a whole for both the joint candidates shall stand rejected.", is repugnant to the Injunctions of Islam. I am afraid, this argument has no force. The petitioner and Shams-ul-Haq, themselves on the basis of the Election Laws, have submitted their joint nomination papers, thus, they shared the qualification and disqualification of each other, and if, one of the joint candidates, has been declared to be disqualified, obviously, the other joins candidate, would also sink alongwith him. In any case, as per the provisions of Article 203-D of the Constitution of Islamic Republic of Pakistan, 1973, to examine and declare any provision of the statute as repugnant to the Injunctions of Islam, the Holy Qur'an or Sunnah of the Holy Prophet (p.b.u.h.), is within the exclusive jurisdiction of the Shariat Court. This petition, thus, has no merits and is hereby dismissed inn limine. I Q.M.H./M.A.K./M-656/L Petition dismissed.