IHSAN-UL-HAQ CHAUDHRY J.- The nomination papers of the appellant were rejected on the ground that he is an employee of Fauji Foundation and therefore could not contest election in view of section 99(1-A & 4K) of the Representation of the People Act, 1976.
2. On the other hand, Mr. Muhammad Asif, Advocate argued that the Fauji Foundation is registered under the Endorsement Act, 1890 and it is clear from the Committee of the administration that the Secretary Ministry of Defence is Chairman and 6 others including the Chief of General Staff Pakistan Army are its members, therefore, it will be a body controlled by the Government.
3. We have given our anxious consideration. It is clear from the brochure produced that it is a charitable trust for the welfare of the ex-service men and their families.
4. In this view of the matter, the impugned order is set aside by accepting this appeal. The result is that the nomination paper of the appellant are accepted.