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1970 SCMR 489

KAMAL AHMAD SIDDIQUI vs MUHAMMAD SIDDIQ AND Other

Citation1970 SCMR 489
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. K-92 of 1969 Petition No. 106 of
Date1970-01-13
Judge(s)Waheeduddin Ahmad, Muhammad Yaqub Ali Khan
ResultLeave refused

ORDER

1. MUHAMMAD YAQUB ALI, J.-The nomination paper filed by the respondent No. 1 for election to the Karachi Municipal Corporation as a representative of the Special Interests was in accordance with Form I, Appendix 1, prescribed under rule 7 (3) of the West Pakistan Municipal Committee (Election of Members to represent Special Interests) Rules, 1966. The Returning Officer, however, rejected the nomination paper on the ground that the certificate filed along with the nomination paper showing that the respondent was a member of "Anjuman Islah-e-Ghariban" a duly registered Society under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance XLVI of 1961 was not properly authenticated. Thereafter election for two seats reserved for special interests under section 9 of the Municipal Administration Ordinance was held on the 26th February 1966, in which the petitioner and another were declared elected.

2. An appeal preferred by the respondent to the Collector against the order of the Returning Officer rejecting his nomina--tion paper was dismissed on 1.6-2-1966. He thereupon moved the High Court in writ jurisdiction contending that there was no provision for authentication of the certificate of his membership of a social organization within the Municipal Administration Ordinance and the West Pakistan Municipal Committee (Election of Members to represent Special Interests) Rules, 1966. The plea was accepted and the order of the Returning Officer rejecting the nomination paper of the respondent was set aside as without lawful authority.

3. The rejection of the nomination paper of the respondent was thus clearly without lawful authority and the High Court has properly set it aside.

4. The petition for leave to appeal is dismissed.

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