2006 PLP 1495 (SCMR)
MUHAMMAD SAEED AWAN and another-Petitioners Versus DISTRICT RETURNING OFFICER, ATTOCK and others — Respondents
| Citation | 2006 PLP 1495 (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 SAEED AWAN and another-Petitioners Versus DISTRICT RETURNING OFFICER, ATTOCK and others — Respondents |
| Primary Law | Punjab Local Government Elections Ordinance (V of 2000) |
Q1: What are the key laws and sections cited in 2006 PLP 1495 (SCMR)?
This judgment primarily cites: Punjab Local Government Elections Ordinance (V of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1495 (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 1495 (SCMR) (MUHAMMAD SAEED AWAN and another-Petitioners Versus DISTRICT RETURNING OFFICER, ATTOCK and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Afrasiab Khan, Advocate Supreme Court for Petitioners.
- Ch. Muhammad Tariq, Advocate Supreme Court for Respondent No.3.
- Date of hearing: 16th August, 2005.
- Muhammad Hanif Khatana, Additional Advocate-General, Punjab for Advocate-General, Punjab.
Headnotes / Summary
(On appeal from the judgment, dated 8-8-2005 of the Lahore High Court, Rawalpindi Bench, Rawalpindi passed in Writ Petition No.2222 of 2005).
S. 8(b)
Punjab Local Government Elections Rules, 2000, Rr.16(3)(iv), (4) & 18
Constitution of Pakistan (1973), Art.185(3)
Conversion of petition into appeal
Original record had shown that when nomination papers were submitted by petitioner, he was not owner of property
Petitioner, in circumstances was not obliged to make disclosure of his assets in his nomination papers
Petition was converted into appeal and same was allowed
Impugned judgment passed by Appellate Court was set aside and order of Returning Officer was restored accordingly. Muhammad Hanif Khatana, Additional Advocate-General, Punjab for Advocate-General, Punjab.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
In pursuance of our order, dated 15th August, 2005, Hamid Akhtar, Tehsildar, Attock appeared and produced the record of Khasra No.428, Mauza Tajak District Attock and confirmed that on 26th July, 2005, this property was entered on the name of Safdar Hussain the brother of the petitioner and it was attested on later's name on 27th July, 2005. He further confirmed revenue document dated 1st August, 2005 produced by the respondents in the Court to substantiate that property still exist on the name of Akbar Khan son of Ghulam Rabbani is a fake document. According to him, it has not been issued by the office of the Tehsildar, Attock. Be that as It may, in presence of original record, we are inclined to hold that on 26th July, 2005, when nomination papers were submitted by Akbar Khan, petitioner No.2 he was not owner of the property as he had already sold it to his brother as per entries of Revenue Record. Learned counsel for the petitioners stated that Akbar Khan had sold the property to his brother at minimum value with mala fide intentions. Be that as it may, it is a fact that on 26th July, 2005, petitioner No.2 was not owner of the property, therefore, he was not obliged to make disclosures of his assets A in nomination papers. Thus, for the foregoing reasons, petition is converted into appeal and allowed. The impugned judgment dated 8-8-2005 and order passed by the Appellate Court dated 2nd of August, 2005 are set aside and the order of Returning Officer, dated 21st August, 2005 is restored. The Returning Officer of Union Council No.17, Shamsabad is directed to include the name of the petitioners in the list of contesting candidates for the office of Nazim and Naib Nazim. The District Coordination Officer, Attock is directed to conduct an enquiry and fix responsibility that who had prepared document dated 1st August, 2005 wherein it has been indicated that Akbar Khan was owner of the property upto 1-3-2005. On completion of enquiry he would launch criminal proceedings against the person(s) responsible for the same. H.B.T./M-25/SC????????????????????????????????????????????????????????????????????? Petition/appeal allowed.