' 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 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 A 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.