' 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.