1997 PLP 970 (SCMR)

‑‑‑‑S. 52‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Election 'petition against returned candidate that he had not attained age of 25 years as required under the Constitution, was allowed on basis of school certificate‑‑‑ Returned candidate was non‑seated‑‑‑Returned candidate's appeal was accepted by High Court in which reliance was placed by High Court on identity card and the factum that returned candidate succeeded his father in 1987 and had been given "Lungi" which could only be given when person concerned had attained age of 21 years‑‑‑Validity‑‑‑Leave to appeal was granted to consider, whether High Court was justified in reversing finding of Election Tribunal on basis of material available on record. Saeed Baig, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 6th December, 1995.; AJMAL MIAN, J.‑‑‑By this common order we intend to dispose of the above two, petitions for leave to appeal. The respondent No.1 contested election of National Assembly from,Constituency NA‑28, FATA‑2, Kurram Agency in the general elections held on 6‑10‑1993 and ‑was declared successful having secured 717 votes against the petitioner's 512 votes. The petitioner filed an election petition impugning the above elections inter alia on the ground that on the relevant date, respondent No.1 had not attained the age of 25 years as required under the Constitution of the Islamic Republic of Pakistan, 1973. The above petition was resisted by respondent No.1. The evidence was recorded and the petitioner, in support of the petition, inter alia produced respondent No.1's school certificate indicating 15‑4‑1969 as the date of birth, wherdas respondent No.1 inter alia produced identity card showing his date of birth as 1966. The Tribunal accepted the evidence of the petitioner and non‑seated respondent No. I by its judgment dated 2‑10‑1994 Against the above judgment, respondent No. l filed an appeal in the Peshawar High Court, which was allowed by a Division Bench through the judgment dated 10‑1‑1995, in which reliance was placed by the High Court on the identity card and the factum that respondent No.1 succeeded his father in the year 1987 as he was given Lungi' which could only be given to a person who had attained the age of 21 years. The petitioner has, therefore, filed the present petitions for leave to appeal.

2. In support of the‑ above petitions, we have heard Mr. Saeed Baig, learned ASC appearing for the petitioner. We are inclined to grant leave to consider the question, whether the learned Judges of the Division Bench were justified in reversing the finding of the Election Tribunal on the basis of the material available on record. Leave is, accordingly, granted. A.A./K‑310/S Leave granted.