P -L D 1997 Lahore 162 (PLP)

The relevant facts for the decision of this appeal are that the appellant is a candidate for NA-58, Faisalabad-II in the forthcoming general election, which is scheduled to be held on 3rd February, 1997. He filed the nomination papers on 21-12-1996, which came up for scrutiny, on 26-12-1996. The learned Returning Officer asked him certain questions about Holy Book, Angels and the Last Day of Judgement but he could trot make correct answers to all of them the learned Returning Officer held that he does not have adequate knowledge of Islamic teaching, therefore, not qualified under Article 62(e) of the Constitution of Islamic Republic of Pakistan, 1973 hereinafter to be referred as Constitution of 1973), therefore, rejected his nomination vide order dated 26-10-1996, which has been assailed through this appeal.

2. The learned counsel for the appellant argued that the learned Presiding Officer asked the questions from the books he was keeping on his table without regard to the education qualification of the candidates. It was added that the Returning Officer could not legally examine the candidate and in any case only as the appellant was not expecting any such examination, therefore, he got confused. It is added that there were a number of other questions, which were correctly replied and were sufficient to show that the appellant has adequate knowledge of Islamic teachings.

3. We have given our anxious consideration to the arguments of the learned counsel for the appellant and gone through the record. First of all we would like to dispel the impression that the candidate could not be examined by the Returning Officer. Articles 62 and 63 are part of the Constitution of 1973 and are to be given effect in letter and spirit like any other provision. A Full Bench of this Court has already held that the Election Commission of Pakistan and all other functionaries- acting under it to give full effect to the Articles 62 and 63 of the Constitution of 1973 while determining the eligibility of the candidates to contest the forthcoming election. It was observed that these provisions shall be implemented by the authorities in letter and spirit. In this view of the matter, we hold that the Returning Officer was, fully justified to test the knowledge of the appellant as to Islamic teachings and practice of obligatory duties prescribed by Islam.

4. We are conscious of the fact that this has been done only by a few Returning Officers and not all the R.Os. throughout the country and that too for the first time. It should be noted for future that the Returning Officers are under obligations to test whether the candidates have adequate knowledge of Islamic teachings and also qualify other provisions of Article 62 as well as that he did, not suffer from any disqualification as prescribed under Article 63 of 1973 Constitution. It is not sufficient to profess Islam but under the Constitution of 1973, one is, also expected to practise Islam and for this reason different provisions including Articles 62 and 63 were included in it.

5. The Returning. Officer would be well within his rights to ask the candidate questions as to the prayers, payment of Zakat, performance of Hajj', observing recitation of Holy Qur'an besides finding out that the candidate is not guilty of commission of major sins and involved in anti-social activities. He is rather under legal obligations in view of the provisions of the Articles 62 and 63 of the 1973 constitution to satisfy himself that the candidate is also qualified. The questions should be posed keeping in view of educational qualification of the candidate. However, no useful purpose would be served by asking questions from M.A. Islamiat Course. If it is also not purpose of the law. The purpose oil Articles 62 and 63 of the Constitution of Islamic Republic of Pakistan, 1973 and section 12 of the People Representation Act, 1976, is to ensure that the candidate is a good Muslim. The some of the Returning Officers have recorded the statements of the candidates in form of questions and answers. This should be followed because the statement is available for appreciation in appeal.

5. The upshot of the above discussion is that the impugned order is set aside by accepting this appeal. The result is that the Nomination Papers of the appellant are accepted. A.A:/A-103/L Appeal accepted.