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1998 MLD 1054

MUHAMMAD TAUQEER KHIZARZAI vs Malik SULTAN MEHMUD HANJRA and

Citation1998 MLD 1054
CourtElection Tribunal
Judge(s)Zafar Pasha Chaudhry, Sh. Abdur Razzaq
ResultAppeal dismissed.

1. SH ABDUR RAZZAQ, J.---By this appeal order dated 27-12-1996 has been assailed whereby the Returning Officer PP 213 M'Garh accepted the nomination papers of respondents.

2. 2.It is submitted by the appellant that the nomination papers of the respondents have been accepted but they do not qualify under provisions of Articles 62 and 63 of the Constitution of Islamic Republic of Pakistan, 1973. That both the respondents are commonly known violator of Islamic injunctions and they have got no adequate knowledge of Islamic teaching. That Returning Officer was bound to consider the objections raised by the appellant but due to influence of respondents he did not bother to mention these objections in the order of acceptance. That participation of the respondents in the forthcoming election will be in violation of the Constitution of Islamic Republic of Pakistan, 1973. He, thus, prayed; that appeal may be accepted and respondents may be declared to be disqualified for contesting the coming election.

3. 3.On the other hand the learned counsel for the respondents has controverted the contention of learned counsel for the appellant. They have submitted that both the respondents are true Muslims and they have not committed any act violating the provisions of Articles 62 and 63 of the Constitution of Islamic Republic of Pakistan, 1973. That no cogent evidence has either been produced or referred by the appellant whereby it can be inferred that respondents have been found violating the provisions of Articles 62 and 63. That no such objections were raised before the Returning Officer at the time of conducting scrutiny of the nomination papers.

4. 4.Both the respondents have filed their nomination papers before the Returning Officer who accepted the same and a perusal of the impugned order shows that no such objections, as raised in the present appeal, were ever agitated before the Returning Officer. It is, thus, clear that all the grounds upon which rejection of nomination papers of the respondents have been sought are an afterthought. The Returning Officer was justified in accepting the nomination papers of the respondents vide order under appeal. There is no force in the appeal and the same is hereby dismissed.

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