1993 PLP 1932 (SCMR)
Haji MUHAMMAD IBRAHIM HINGORJO‑‑‑Appellant Versus YOUSSOUF SHAHEEN and 2 others‑‑‑Respondents .
| Citation | 1993 PLP 1932 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, Actg. CJ., Muhammad Afzal Lone |
| Parties | Haji MUHAMMAD IBRAHIM HINGORJO‑‑‑Appellant Versus YOUSSOUF SHAHEEN and 2 others‑‑‑Respondents . |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1932 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1932 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, Actg. CJ., Muhammad Afzal Lone.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1932 (SCMR) (Haji MUHAMMAD IBRAHIM HINGORJO‑‑‑Appellant Versus YOUSSOUF SHAHEEN and 2 others‑‑‑Respondents .). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- AA. Fazeel, Senior Advocate, Supreme Court instructed by Mrs. Majida Rizvi, Advocate‑on‑Record for Appellant (in CA. No.K‑160 of 1989).
- Raja Muhammad Akram, Senior Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate‑on‑Record for Respondent No.1 (in CA. No.K‑160 of 1989).
- Raja Muhammad Akram, Senior Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate‑on‑Record for Appellant (in CA. No. K‑163 of 1989).
- Nemo for Respondents Nos.1 and 2 (in CA. No. K‑163 of 1989).
- A Representative from Chief Election Commissioner's Office for Respondent No. 3 (in CA. K‑163 of 1989).
- Date of hearing: 26th April, 1993.
Headnotes / Summary
(On appei‑: from the judgment dated 16‑10‑1989 of the Election Tribunal in Election Petition No.1 of 1988). ‑‑‑‑Arts. 59 (d) & 185‑‑‑Two appeals against the same order of Election Tribunal whereby both the appellants were found to be ineligible to contest elections from the seats reserved for technocrats‑‑‑Returned member of Senate was declared not to be duly elected member of the Senate on the ground that he was neither a technocrat nor professional‑‑‑Order of Election Tribunal was maintained and returned member's appeal dismissed‑‑‑On the evidence and material produced by the other appellant in his separate appeal, he was found to be a professional and a technocrat‑‑‑Such appellant being the only other contesting candidate eligible to contest the election, he was declared as the duly elected candidate against the said seat of Senate, which had become vacant on account of other appellant/returned member being found disqualified to contest election and be elected thereto. Respondents Nos. 2 and 3: Ex parte (in CA. No. K‑160 of 1989).
Judgment & Decree
NASIM HASAN SHAH, ACTG. CJ.‑‑‑This judgment will dispose of the abovementioned two appeals as both of them are directed against one and the same order. namely the order dated 16‑10‑1989 passed by the Election Tribunal (Mr. Justice Salim Akhtar, Judge, Sindh High Court) in Election Petition No.1 of 1988). For reasons to be recorded later, Civil Appeal No. K‑160 of 1989 filed by Haji Muhammad Ibrahim Hingorjo is dismissed and the impugned judgment of the Election Tribunal is upheld declaring him not to be the duly elected member to the Senate on the ground that he is neither a technocrat nor professional. However, the connected appeal filed by Youssouf Shaheen (Civil Appeal No.K‑163 of 1989) directed against the order of the Election Tribunal dated 16‑10‑1989 holding him also to be ineligible to contest elections from the seats reserved for technocrats is accepted. On the evidence and material produced by him, it is found that he is a "professional" and a "technocrat". Since Yousseuf Shaheen is the only other contesting candidate eligible to contest election, he is declared as the duly elected candidate against the said seat, which has become vacant on account of Haji Muhammad Ibrahim Hingorjo being found disqualified to contest election and be elected thereto. AA./M‑1790/S Order accordingly.