2006 PLP 255 (CLC)
MUHAMMAD RAZZAQ and another — Petitioners Versus DISTRICT RETURNING OFFICER, NAROWAL and 3 others — Respondents
| Citation | 2006 PLP 255 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD RAZZAQ and another — Petitioners Versus DISTRICT RETURNING OFFICER, NAROWAL and 3 others — Respondents |
| Primary Law | Punjab Local Government Ordinance (XIII of 2001) |
Q1: What are the key laws and sections cited in 2006 PLP 255 (CLC)?
This judgment primarily cites: Punjab Local Government Ordinance (XIII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 255 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 255 (CLC) (MUHAMMAD RAZZAQ and another — Petitioners Versus DISTRICT RETURNING OFFICER, NAROWAL and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Anwar-ul-Haq Pannu for Petitioner.
- Pervaiz Inayat Malik for Respondent No.3.
- On the other hand, the learned counsel for respondent No.3 submits that holding of office is not prohibited by law. It is the actual use of that office in election campaign which is disapproved by the law. He submits that respondent No.3 is not only an office-holder, at the time of arrival of President and Chief Minister but was holding seat of Nazim as well. He elaborated that welcome by him to President and Chief Minister in his capacity was as a Nazim of the area and not as a candidate. He also submits that nomination papers of respondent No.3 have been filed in his personal capacity and not as a nominee of Pakistan Muslim League (Q).
Headnotes / Summary
Ss. 152(1)(s) & 153
Constitution of Pakistan (1973), Art.199
constitutional petition
Petitioner had alleged that respondent was not qualified to participate in elections as he being General Secretary of ruling party was using influence of his Party
petitioner referred newspaper clippings showing that respondent gave advertisement in daily newspaper welcoming the President of Pakistan and the Chief Minister Punjab when they visited the District concerned
No other substantial material had been produced to convince the Court that respondent was using his party's influence
Effect
Under S.152(1)(s) of Punjab Local Government Ordinance 2001, it was a disqualification if a person was using his party's flag, financial resources or other resources which could give him advantage over other contesting candidate
Something visible having not been produced or brought on record by petitioner, High Court could not disentitle a person who otherwise was a valid candidate.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The petitioner has filed this writ petition that respondent No.3 is a General Secretary of Pakistan Muslim League (Q), District Narowal, therefore; he is not qualified to participate in the coining local bodies elections. He further submits that he is using influence of his party which is also a Government party. He refers newspaper clippings showing that respondent No.3 gave an advertisement in daily newspaper "Khabrain" welcoming President Gen. Pervez Musharaf and Chief Minister Punjab Ch. Pervaiz Elahi when they visited District Narowal. The learned counsel refers to section 152(1)(s) and section 153 in support of his contentions. On the other hand, the learned counsel for respondent No.3 submits that holding of office is not prohibited by law. It is the actual use of that office in election campaign which is disapproved by the law. He submits that respondent No.3 is not only an office-holder, at the time of arrival of President and Chief Minister but was holding seat of Nazim as well. He elaborated that welcome by him to President and Chief Minister in his capacity was as a Nazim of the area and not as a candidate. He also submits that nomination papers of respondent No.3 have been filed in his personal capacity and not as a nominee of Pakistan Muslim League (Q). I have heard the learned counsel for the parties. The main emphasis of the learned counsel for the petitioner is that respondent No.3 is holding office of. Secretary of Pakistan Muslim League(Q), District Narowal. To prove that respondent No.3 is using his political office, he referred to an advertisement mentioned above. But nothing else substantial has been produced to convince the Court that respondent No.3 is using his party's influence indeed. For example, section 152(1)(s) says, that it is a disqualification, if a person is using his party's flag, financial resources or other resources which are giving him advantage over other contesting candidates. Therefore, if something visible is not produced or brought on record, this Court cannot disentitle a person who is otherwise a valid candidate. Therefore, in view of the above, this writ petition is dismissed. H.B.T./M-1393/L Petition dismissed.