1. AJMAL MIAN, CJ.--By this petition, the petitioner has prayed for the following reliefs: "Petitioner prays that this Hon'ble Court may be pleaded to declare that the order of the learned Election Appellate Authority, -dated 20th October, 1988 is without lawful authority and of no legal effect and that the petitioner is fully entitled to contest the election held on 16th November, 1988 in respect of NA-190 Karachi (South II) as a candidate."
2. The brief facts leading to the filling of the above petition are that the petitioner filed his nomination papers for the National Assembly Election from the Constituency NA-190 of Kaiachi which was accepted by the Returning Officer. It seems that respondent No.3 filed an Appeal Election Appeal No-1 (South) of 19238) against the above acceptance of the nomination papers on the ground that the petitioner was an employee of M/s. United Bank which is a nationalized bank and, therefore, was disqualified from contesting the above election. The above appeal was accepted by a learned Single Judge of this Court acting as the Election Appellate Authority South by his order dated 20-10-1988. The petitioner being aggrieved by the above order has filed the present petition.
2. 3 Mr. Muhammad A.I Sayd learned counsel for the petitioner, in support of the above petition has urged that the learned Single Judge has failed to take into consideration clause (q) of subsection (1-A) of section 99 of the Representation of the People Act, 1976, (hereinafter referred to as the Act), alongwith clause (e) of the aforesaid subsection (1-A) of section 99 and that if the learned Judge would have taken it into consideration the decision would have been otherwise. In order to appreciate the above contention, it may be advantageous to reproduce the above clauses (e) and (q) of above subsection (1--A) of section 99 of the Act.
3. "99(1-A)(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest or.
4. "99 (IA)(q) being a managing agent, manager or secretary of, or holding any other office carrying the right to remuneration in any company or corporation (other than a co-operative society) in the capital of which the Government has not less than twenty-five per cent share or which is managed by the Government, he does not, after his election as a member but within thirty days of his making oath as such, make a declaration in writing to the Commissioner that he is such managing agent, manager or secretary, or holds such office, unless a period of five years has elapsed since his failure to do so.
5. Explanation.--In this subsection "service of Pakistan" has the same meaning as in Article 260."
6. On the basis of the above two clauses it has been urged by Mr. Muhammad A.I Sayeed that a distinction has been made in clause (q) between a Statutory Corporation and a Company or Corporation other than a (Cooperative Society) in the capital in which the Government has not less than 25% share or which is managed by the Government and in the latter case after the election as a member of the National Assembly the elected member has to file a declaration within the period specified therein.
7. "63(1)(e) he is in the service o! Any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest."
4. Admittedly the Federal Government has controlling share or interest in M/s. United Bank where the petitioner has been working as an employee and hence the above sub-clause (e) of clause (1) of Article 63 of the Constitution is attracted which cannot be superseded by clause (q) of subsection (1-A) of section A 99 of the Act. The learned Appellate Authority has relied upon the above clause of Article 63 of the Constitution. The order seems to be in consonance with the above provisions of the Constitution. The petition has no merits and, therefore, it is dismissed in limine.
8. M.Y.H./A-501/KWrit refused.