AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 23-5-1995 passed by a Division Bench of the High Court of Baluchistan in Constitution Petition No.98 of 1995, filed by the petitioner, a registered voter in the electoral unit Gazzi, Halqa Gandar, Tehsil Jhatpat, District Jaffarabad, seeking a writ of quo warranto against the respondent, who was elected as a Member of the National Assembly from Constituency NA-203 Nasirabad/Jaffarabad, on the ground that the respondent was disqualified from contesting the above election on account of outstanding bank loan against him, dismissing the same. The petitioner has; therefore, filed the present petition for leave to appeal.
2. In support of the above petition Mr. Abdul Basir Qureshi, learned ASC for the petitioner, has vehemently contended that the grounds found favour with the learned Judges of the Division Bench of the High Court are not sustainable, namely, that the relevant statute provided the remedy for determination of the question raised before the High Court, right of appeal was also provided, that the Constitution petition was also hit by Article 225 of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution, and that, in any case, quo warranto is a discretionary relief as held in the case of Masudul Hassan v. Khadim Hussain and another (PLD 1963 SC. 203) and it was not a fit ease f6r exercising of discretion.
3. Even if we were to ignore the provisions of the Representation of the People Act, 1976, Article 225 of the Constitution is very clear and express, which provides that "No election to a House oz Provincial Assembly shall be called in question except by an election petition presented to such Tribunal and in such manner as may be determined by the Act of Majlis-e-Shoora (Parliament)".
The petitioner, in fact, was challenging the respondent's above election and, therefore, his Constitution petition was hit by the above provision. Secondly, quo warranto, being a discretionary relief, has been lightly refused. If such a petitions are entertained, none of the Members of the Parliament will remain saved. Any voter may come forward after expiry of several years with the plea that the elected candidate was not qualified to have contested the election. Such a practice will entail far-reaching consequences as pointed out by the High Court. The petition has no merits.
Leave is refused.