2006 PLP 432 (SCMR)
Khawaja MUHAMMAD NADEEM BUTT and others — Petitioners Versus DISTRICT JUDGE/DISTRICT RETURNING OFFICER/ APPELLATE TRIBUNAL, NAROWAL and others — Respondents
| Citation | 2006 PLP 432 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J. Sardar Muhammad Raza Khan and Saiyed Saeed Ashhad, JJ |
| Parties | Khawaja MUHAMMAD NADEEM BUTT and others — Petitioners Versus DISTRICT JUDGE/DISTRICT RETURNING OFFICER/ APPELLATE TRIBUNAL, NAROWAL and others — Respondents |
| Primary Law | Punjab Local Government Elections Rules, 2005 |
Q1: What are the key laws and sections cited in 2006 PLP 432 (SCMR)?
This judgment primarily cites: Punjab Local Government Elections Rules, 2005 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 432 (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 432 (SCMR) (Khawaja MUHAMMAD NADEEM BUTT and others — Petitioners Versus DISTRICT JUDGE/DISTRICT RETURNING OFFICER/ APPELLATE TRIBUNAL, NAROWAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners (in C.P. No.1541-L of 2005).
- Hafiz Abdul Rehman Ansari, Advocate Supreme Court and Faiz ur-Rehman, Advocate-on-Record for Petitioners (in C.P. No.1596-L of 2005).
- Muhammad Hanif Khatana, Additional Advocate-General for Respondents (in both cases).
- Date of hearing: 16th August, 2005.
- 2. Learned counsel for petitioners vehemently contended that petitioners are not members of banned organizations and they have been non-suited on surmises and conjectures. In such view of the matter Additional Advocate-General was asked to ascertain from the Home Department Government of Punjab as to whether the names of the petitioners finds mention in any of the documents to be the members of the banned organization.
Headnotes / Summary
(On appeal from the judgment, dated 5-8-2005 passed by the Lahore High Court, Lahore in Writ Petitions Nos.14164 and 14174 of 2005).
R. 18(3)
Constitution of Pakistan (1973), Art.185(3)
Nomination papers
Member of banned organization
Summoning of record by Supreme Court
Election Commission declared petitioners to be ineligible to contest election on the ground that they were members of banned organization
Order passed by Election Commission was maintained by High Court in exercise of constitutional jurisdiction
Names of petitioners were not available in the record of Home Department as the members of banned organization
Effect
Judgment of High Court and orders passed by Returning Officer and District Returning Officer were set aside
Supreme Court directed the Returning Officer to include names of petitioners in the list of contesting candidates and on completion of pre-poll process allow them to contest election.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
Listed petitions have been filed against the judgment dated 5th August, 2005 passed by the Lahore High Court in Writ Petitions Nos.14164 and 14174 of 2005 instituted by the petitioner(s) wherein they have been non-suited on stated allegations that they are the persons belonging to banned organizations as per the memo. of Election Commission of Pakistan No.F.3(1)/05-Election dated 18th July, 2005. Relevant para. from one of the petitions i.e. No.1541-L of 2005 is reproduced hereinbelow:-- " The Election Commission of Pakistan by memo. No. F.3(1)/2005-Election dated 18th July, 2005 has also declared that a person belonging to banned organization, which included the organization to which petitioner No.2 belonged, was not eligible to contest the election. As the competent authority has declared petitioner No.2 to be ineligible to contest election, the impugned orders cannot be interfered with."
2. Learned counsel for petitioners vehemently contended that petitioners are not members of banned organizations and they have been non-suited on surmises and conjectures. In such view of the matter Additional Advocate-General was asked to ascertain from the Home Department Government of Punjab as to whether the names of the petitioners finds mention in any of the documents to be the members of the banned organization.
3. On having taken instructions from Muhammad Aslam, Section Officer who is present in Court he stated that their names are not available in the Home Department to be the members of the banned organization. In view of his such statement we are of the opinion that petitioners have been non-suited without lawful authority.
4. Thus, for the foregoing reasons both the petitions are accepted. Impugned judgment passed by the Lahore High Court dated 5th August, 2005 and orders of the District Returning Officer dated 2nd and 3rd August, 2005 respectively are set aside.
5. Returning Officers of U.C.2 Narowal City and UC-31 Sankhatra Narowal, are directed to include the names of the petitioners in the list of contesting candidates and on completion of pre-poll process allow them to contest election, which is to be held on 25th August, 2005. Both the petitions are converted into appeals and allowed. No order as to costs. M.H./M-315/SC Appeals allowed.