1996 PLP 1675 (MLD)
MAKHDOOM GHULAM MUHAMMAD alias KHALIQUZZAMAN‑‑‑Appellant Versus THE RETURNING OFFICER arid another‑‑‑Respondents' Appeal No. N.A.‑1 of 1995, decided on 13th December 1995.
| Citation | 1996 PLP 1675 (MLD) |
| Forum / Court | Election Tribunal of Pakistan |
| Bench Members | Shah Nawaz Awan and Agha Saif‑ud‑Din Khan, JJ |
| Parties | MAKHDOOM GHULAM MUHAMMAD alias KHALIQUZZAMAN‑‑‑Appellant Versus THE RETURNING OFFICER arid another‑‑‑Respondents' Appeal No. N.A.‑1 of 1995, decided on 13th December 1995. |
Q1: What are the key laws and sections cited in 1996 PLP 1675 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1675 (MLD)?
The case was heard and decided by the Election Tribunal of Pakistan bench comprising: Shah Nawaz Awan and Agha Saif‑ud‑Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1675 (MLD) (MAKHDOOM GHULAM MUHAMMAD alias KHALIQUZZAMAN‑‑‑Appellant Versus THE RETURNING OFFICER arid another‑‑‑Respondents' Appeal No. N.A.‑1 of 1995, decided on 13th December 1995.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Mujeeb Pirzada for Appellant.
- Abdul Ghafoor Mangi, A.‑G., Sindh for Respondents.
- Date of hearing: 12th December 1995,
Headnotes / Summary
Representation of the People Act (LXXXV.of 1976)‑‑‑ ‑‑‑‑Ss.62 & 14(5)‑‑‑Manual of Instructions . for the Guidance of District Returning Officers, para. 12(2)‑‑,Appeal‑‑‑By‑election to National Assembly seat‑‑Rejection of nomination papers of appellant‑‑‑Returning Officer while rejecting nomination papers, had stated in his order that appellant having cleared up outstanding Government dues belatedly after lapse of five years, he was disqualified for contesting elections‑‑‑Validity‑‑‑Held, there was no provision either in Constitution of Pakistan or in Representation of the People Act, 1976 or in the Manual of Instructions for the Guidance ‑of Returning Officers to disqualify any candidate from contesting election on late payment of Government dues‑‑‑Penalty provided for late payment of Government dues is surcharge, mark‑up, interest and disconnection of facility which appellant had already incurred‑‑‑Nomination papers of candidate who had cleared outstanding Government dues belatedly could not be rejected on that ground‑‑‑Returning Officer, thus, unlawfully and un‑Constitutionally awarded major penalty of depriving appellant of rights guaranteed by the Constitution by disqualifying him from the process of election without any provision of law‑‑‑Order of Returning Officer rejecting nomination papers of appellant was set aside in circumstances.
Judgment & Decree
(c) (d) (e) (f)???????? he is sagacious, righteous and non‑profligate, honest, ameen and pays his debts specified in subsection (2) of section 12; (g) (h) Section 12(2) of the Manual of Instructions for the Guidance of District Returning Officer: Every Nomination shall be made by a separate Nomination paper in the prescribed form which shall be signed by both the proposer and the seconder and shall contain, duly signed by the candidate‑‑‑ (I)??????? a declaration that he has consented to the nomination and that he is not subject to any disqualification for being elected as a member; (II)?????? a declaration about‑his party affiliation, if any; (III) a declaration that an amount of loan, as may be prescribed, obtained from any bank, financial institution, corporate society or corporate body in his own name or in the name of his spouse or dependent or any business concern mainly owned by the aforesaid, does not remain unpaid for more than one year from the due date; and (iv) a declaration that no loan, the amount of which may ‑ be prescribed, obtained by him, his spouse or dependentor a business concern mainly owned by him or anyone of the aforesaid from any bank, financial institution, cooperative society or corporate body was written off or such amount which was written off has since been paid. " Article 62 of the Constitution:
62. Qualifications for membership of Mailis‑e‑Shoora (Parliament)‑‑‑A person shall not be qualified to be elected or chosen as a member of Majlis‑e‑Shoora (Parliament) unless‑‑‑ (a)??????? .........................???????????????????????????? (b)??????? .............................................? (c)??????? ...................???????..?????????????????????? (d)??????? .............................................. (e)??????? ??????????????????????? (f)???????? he is sagacious, righteous and non‑profligate and honest and ameen; (g)??????? ............................................... (h) ?????? ????????????. The above are the connected provisions of law under which the nomination papers of the candidate are to be accepted or rejected. We do not find any omission on the part of the candidate to the above provisions of law therefore, we see no other alternative but to set aside the impugned order passed by the Returning Officer of Constituency NA‑181 Sanghar‑II on 6‑12‑1995 and allow this appeal as prayed under prayer clauses Nos. l and 2 of this appeal. A.A./M-28/K?????????????????????????????????????????????????????????????????????????????????????? Appeal accepted.