MIAN SAQIB NISAR, J.--- Petitioner alongwith one Shams-ul-Haq, filed joint nomination papers, to contest the election for the seats of Nazim and Naib Nazim of the concerned Union Council. The nomination papers of Shams-ul-Haq, were rejected as his Matriculation Certificate, was found to be bogus; against the above, an appeal was filed, but without any success. Subsequently, the elections were conducted and respondents Nos. 5 and 6, have been declared as returned candidates.
2. It is the case of the petitioner, that the Government of Pakistan, has conducted a thorough investigation through the officials of the Intelligence Department for the candidates of Nazim and Naib Nazim; and as per such reports, Haq Nawaz/respondent No. 5, is found to be a police tout, therefore, he is disqualified to contest the election and hold the post. According to this plea, it may be held, that in law no reliance can be placed upon the so-called intelligence reports, which are of hearsay nature, besides no such report has been placed on the record, therefore, the argument of the learned counsel is repelled.
3. As regards the other submission, that provision to Rule 18(3) of the Punjab Local Government Elections Rules, 2000 i.e. "Provided that in case of rejection of the nominations of 'either a Nazim or a Naib Nazim as joint candidates, the nomination as; a whole for both the joint candidates shall stand rejected.", is repugnant to the injunctions of Islam.
I am afraid, this argument has no force. The petitioner and Shams-ul-Haq, themselves on the basis of the Election Laws, have submitted their joint nomination papers, thus, they shared the qualification and disqualification of each other, and if, one of the joint candidates, has been declared to be disqualified, obviously, the other joint candidate, would also sink alongwith him. In any case, as per the provisions of Article 203-D of the Constitution of Islamic Republic of Pakistan, 1973, to examine and declare any provision of the statute as repugnant to the Injunctions of Islam, Holy Quran or Sunnah of the Holy Prophet (peace be upon him), is within the exclusive jurisdiction of the Shariat Court. This petition,' thus, has no merits and is hereby dismissed in limine..