2007 PLP 188 (CLC)
MUHAMMAD ASLAM — Petitioner Versus DISTRICT RETURNING OFFICER, SHEIKHUPURA and 6 others — Respondents
| Citation | 2007 PLP 188 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASLAM — Petitioner Versus DISTRICT RETURNING OFFICER, SHEIKHUPURA and 6 others — Respondents |
Q1: What are the key laws and sections cited in 2007 PLP 188 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 188 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 188 (CLC) (MUHAMMAD ASLAM — Petitioner Versus DISTRICT RETURNING OFFICER, SHEIKHUPURA and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ----Art. 199---Punjab Local Government Elections Rules, 2005, Rr.12 & 14---Constitutional petition, withdrawal of---Petitioner/candidate in his constitutional petition had levelled serious allegations against respondent/ Returning Officer, but Returning Officer who appeared in the Court, rebuffed said allegations---Counsel for petitioner had submitted that he wanted to withdraw constitutional petition---Levelling false and wild allegations against innocent persons disregarding their status and position, not only was illegal, but also was a sin in accordance with Islam---Under Constitution, to malign judiciary was a serious offence---Request of counsel for petitioner for withdrawal of constitutional petition was declined and constitutional petition was dismissed with cost to be paid by the petitioner.
- Ch. Binyameen Khalil for Petitioner.
Headnotes / Summary
Art. 199
Punjab Local Government Elections Rules, 2005, Rr.12 & 14
Constitutional petition, withdrawal of
Petitioner/candidate in his constitutional petition had levelled serious allegations against respondent/ Returning Officer, but Returning Officer who appeared in the Court, rebuffed said allegations
Counsel for petitioner had submitted that he wanted to withdraw constitutional petition
Levelling false and wild allegations against innocent persons disregarding their status and position, not only was illegal, but also was a sin in accordance with Islam
Under Constitution, to malign judiciary was a serious offence
Request of counsel for petitioner for withdrawal of constitutional petition was declined and constitutional petition was dismissed with cost to be paid by the petitioner.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
A serious allegation was levelled against the learned Returning Officer/Mr. Tariq Khursheed Khawaja, Civil Judge, 1st Class mentioned as respondent No.2 in this writ petition.
2. The precise allegation contained in para. No.6 of the writ petition is as under: "That the petitioner being the contesting interested candidate approached the office of respondent No.2/Returning Officer and after having the nomination papers the petitioners submitted his nomination papers duly supported by the covering candidate as well as the nominee but the learned Returning Officer did not consider the nomination papers of the petitioner under the influence of sitting Nazim and Naib Nazim."
3. The learned counsel for the petitioner was cautioned on the last? date of hearing that he was casting a serious aspersion against Judicial Officer but he was firm in support of allegation mentioned above. Since it is a fundamental right of a qualified citizen to contest election and according to allegation the petitioner was deprived of that, by the learned Returning Officer/Civil Judge, this Court had to call respondent No.2, with great reluctance, in the interest of justice.
4. Today the learned Returning Officer/Civil Judge has appeared and rebuffed the allegation. The learned counsel for the petitioner submitted peevishly that he wanted to withdraw this writ petition.
5. It is very unfortunate that it has become fashion to level false and wild allegations against the innocent persons disregarding their status and position, which is not only illegal, it is also a sin, in accordance with our religion. Under the constitution of Pakistan, to malign judiciary, is a serious offence, therefore, the request of the learned counsel for the petitioner cannot be granted.
6. This writ petition is dismissed with Rs.50,000 as cost, to be paid by the ,petitioner. The office is directed to make arrangement for the recovery of the same in accordance with law and rules. The petitioner is also declared disqualified to contest the election in view of above false allegation against a member of the judiciary which he has miserably failed to prove or substantiate. H.B.T./M-668/L????????????????????????????????????????????????????????????????????????????????? Petition dismissed.