2013 PLP 1158 (SCMR)
Moulana AGHA MUHAMMAD — Appellant Versus RETURNING OFFICER, NA 261 PISHIN CUM ZIARAT and others — Respondents
| Citation | 2013 PLP 1158 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Ijaz Ahmed Chaudhry and Gulzar Ahmed, JJ |
| Parties | Moulana AGHA MUHAMMAD — Appellant Versus RETURNING OFFICER, NA 261 PISHIN CUM ZIARAT and others — Respondents |
| Primary Law | Representation of the People Act (LXXXV of 1976) |
Q1: What are the key laws and sections cited in 2013 PLP 1158 (SCMR)?
This judgment primarily cites: Representation of the People Act (LXXXV of 1976) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 1158 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Ijaz Ahmed Chaudhry and Gulzar Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 1158 (SCMR) (Moulana AGHA MUHAMMAD — Appellant Versus RETURNING OFFICER, NA 261 PISHIN CUM ZIARAT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kamran Murtaza, Advocate Supreme Court for Appellant.
- Nemo for Respondents.
- Date of hearing: 31st May, 2013.
- Muhammad Ikram Chaudhry, Advocate Supreme Court for Applicant (in C.M.A. No.3012 of 2013).
- 3. Mr. Muhammad Ikram Chaudhry, learned Advocate Supreme Court has submitted an application (C.M.A. No.3012 of 2013) for impleadment. Notice of the same be issued to the appellant as well as to the respondents. In the meanwhile notice to the learned Attorney-General for Pakistan and the Election Commission be also issued.
Headnotes / Summary
S. 14(3)
Constitution of Pakistan, Art. 185(1)
Rejection of nomination papers
Restraining a successful candidate from taking oath as member of National Assembly till decision of his appeal by the Supreme Court
Scope
Nomination papers of candidate (appellant) were rejected by Returning Officer
Appeal filed by candidate before Election Tribunal was dismissed
Constitutional petition filed by candidate against order of Election Tribunal was also dismissed by the High Court
Candidate filed civil petition for leave to appeal before the Supreme Court, which was allowed and leave to appeal was granted and operation of orders of Returning Officer, Election Tribunal and High Court were suspended
Candidate contested the elections and was declared successful and a notification was also issued in his favour (by the Election Commission of Pakistan)
Result of the election was subject to the decision of the appeal pending before the Supreme Court, therefore, in the interest of justice Supreme Court restrained the candidate from taking oath of the office of the Member of National Assembly
Supreme Court observed that, no sooner the appeal was decided the law would take its own course. Muhammad Ikram Chaudhry, Advocate Supreme Court for Applicant (in C.M.A. No.3012 of 2013).
Judgment & Decree
In this case petitioner's nomination papers were rejected for the elections from NA 261 Pishin cum Ziarat vide order dated 7-4-2013 and against the rejection of nomination papers appeal filed by him also failed before the Election Tribunal, Balochistan at Quetta on 17-4-2013. Against both these orders petitioner preferred a Constitution Petition before the High Court of Balochistan, Quetta, which was dismissed on 19-4-2013 through a short order followed by detailed reasons dated 6-5-2013. Against the order of the learned High Court Civil Petition for Leave to Appeal was filed in which leave to appeal was granted on 23-4-2013. Simultaneously the operation of all the three orders dated 7-4-2013, 17-4-2013 and 19-4-2013 operating against the appellant was suspended.
2. Learned counsel for the appellant stated that appellant has been declared successful and a notification has also been issued. We have pointed out to him that the result of the election shall be subject to the decision of the appeal pending before this Court, therefore, in the interest of justice we restrain the appellant from taking oath of the office of the Member of National Assembly NA-261 Pishin cum Ziarat. However, no sooner the appeal is decided the law shall take its own course. At the request of the learned counsel hearing is adjourned to 12th June, 2013.
3. Mr. Muhammad Ikram Chaudhry, learned Advocate Supreme Court has submitted an application (C.M.A. No.3012 of 2013) for impleadment. Notice of the same be issued to the appellant as well as to the respondents. In the meanwhile notice to the learned Attorney-General for Pakistan and the Election Commission be also issued. MWA/A-19/SC Order accordingl