Election to National Assembly
Election to National Assembly legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Educational degrees of elected members alleged to be fake, thus, they were not legally entitled to hold public office (MNA) and were liable to refund amounts drawn as salaries and other benefits
Respondents (members) plea that after dissolution of Parliament, respondents ceased to be holder of such public offices and cause of action alleged thereagainst also ceased to exist rendering constitutional petition as non-maintainable
Validity
General election had been announced to be held on 11-5-2011
Respondents were not holding any public office after dissolution of Parliament
Writ of quo warranto could be issued against a person holding a public office without any lawful authority, but not against a person already ceased to hold such office
Relief of refund of salaries and other benefits from usurper of a public office could not be granted in proceedings for quo warranto
University and Board of Intermediate concerned had confirmed respondents' degree to be fake
Petitioner before Returning Officer could object eligibility of respondents qua Arts.62 & 63 of the Constitution, if they filed nomination papers to contest general election
High Court dismissed constitutional petition for having become infructuous.
"Election to National Assembly", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942255
Precedents & Case Laws citing "Election to National Assembly"
1997 S C M R 561
KHUDA BAKHSH‑‑‑Petitioner Versus Mir ZAFARULLAH KHAN JAMALI‑‑‑Respondent
Court: Supreme Court of Pakistan1998 S C M R 425
MUHAMMAD KHURSHEED KHAN‑‑‑Petitioner Versus RETURNING OFFICER and 4 others‑‑‑Respondents
Court: Supreme Court of Pakistan1993 M L D 1911
Malik MERAJ KHALID‑‑‑Petitioner Versus ASHIQ ALI DIAL and 4 others‑‑‑Respondents
Court: Election Tribunal1988 C L C 756
RAMCHOREDAS‑‑Petitioner Versus BHAGWANDAS and 31 others‑‑Respondents
Court: Election Tribunal Sind1996 M L D 1675
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.
Court: Election Tribunal of PakistanP L D 2008 Lahore 134
Ch. MUBASHAR HUSSAIN — Petitioner Versus RETURNING OFFICER, KHARIAN, DISTRICT GUJRAT and 3 others — Respondents
Court: High CourtP L D 2008 Islamabad 1
Rana MUHAMMAD QASIM NOON — Petitioner Versus ELECTION COMMISSION OF PAKISTAN and others — Respondents
Court: High CourtP L D 2013 Lahore 586
WAHEED SABIR — Petitioner Versus Rana ZAHID HUSSAIN KHAN and others — Respondents
Court: High Court1987 M L D 1384
Alhaj RAEES AHMAD QURESHI — Petitioner Versus Pir SHUJAAT HUSSAIN QURESHI and others — Respondents
Court: Election Commission of Pakistan2013 C L C 1461
General (R.) PERVEZ MUSHARRAF — Appellant Versus ELECTION COMMISSION OF PAKISTAN and another — Respondents
Court: Election Tribunal Sindh