Bye-election

Petition for leave to appeal was directed against impugned order passed by Election Tribunal whereby the Tribunal set aside order passed by Returning Officer for rejection of the nomination papers of the candidate and he was declared as qualified candidate to contest the bye-election

Petition for leave to appeal was converted into appeal by the Supreme Appellate Court and was disposed of with directions that: Election Commission was to announce fresh schedule of bye-election to fill in the vacant seat of the constituency; that Election Commission would issue notifications thereto strictly in terms of Ss.11, 14(5), 108 of the Representation of the People Act, 1976 and earlier notification, if any issued in violation of said provisions of law, would be considered illegal, void ab initio and without lawful authority; that notification No.ELC-1(1)/2014-GBLA dated 28-4-2016 appointing Mr. Justice Malik Haq Nawaz as Member Election Tribunal in place of Mr. Justice Yar Muhammad (being on leave), was set aside being illegal, void ab initio and without lawful authority and judgment passed by the Election Tribunal, was set aside; that stay order, by single Judge of Chief Court was set aside and Chief Court was directed to decide appeal on its merits within a period of 2 weeks; that Election Commission was directed to appoint Returning Officer in terms of S.7 of the Representation of the People Act, 1976 and in case the contesting candidates would show any reservation, a Judicial Officer not below the rank of Additional District Judge be appointed with the consultation of the Chief Judge, Gilgit-Baltistan Chief Court.

Appellant's objection was that first respondent was Member of Area Water Board constituted under Punjab Irrigation and Drainage Authority (Pilot Area Water Board) Rules, 2005, whereas second respondent was elected Chairman of "Khal Panchayat" under Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005 framed under Punjab Irrigation and Drainage Authority Act, 1997, thus, both being covered by definition of "civil servant" had been disqualified by Election Tribunal to contest election in year 2008; and that such judgment of Tribunal had been upheld by Supreme Court

Order of Returning Officer accepting nomination papers of respondents was assailed

Validity

Sole purpose of legislature to frame Rules was to involve farmers of an area in irrigation system in order to fetch better output

Neither authority had appointed respondents nor were they employee of authority or holding such offices for wholetime, rather they had been performing their functions as elected members of farmers

Nothing was available on record to show that respondents had been paid any remuneration

Respondents could not be termed to be in "service of Pakistan" in terms of Art. 260 of the Constitution

Election Tribunal dismissed appeal in circumstances.

Appellant's objection was that respondent-candidate was not a righteous, honest or Ameen person as he was disqualified earlier by Election Tribunal to contest elections in years 2002 and 2008 for having produced fake and forged degrees

Rejection of appellant's objection petition by Returning Officer

Validity

Tribunal in earlier election petitions filed against respondent in years 2002 and 2008 had declared him as imposter due to filing forged degrees

Respondent despite disqualified by Tribunal in year 2002, instead of repenting and mending his ways after year 2002, had repeated same wrongful act in election of 2008

Election Tribunal accepted appeal, resultantly appellant's objection petition stood accepted and respondent's nomination papers stood rejected in circumstances

Principles.