QAZI EHSANULLAH QURESHI, J.---Through the instant Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners have challenged the order, dated 19-3-2001 passed by the District Returning Officer (respondent No.1), whereby he on acceptance of the appeal of Saeed Ahmad Shah, respondent No.3, rejected the nomination papers of the petitioners for the offices of Nazim and Naib Nazim of Union Council Lachi Urban.
2. According to the averments made in the writ petition. Fawad Khan and Shaukat Ali. Khan petitioners have filed their nomination papers before the Returning Officer (respondent No.2.) for the post of Nazim and Naib Nazim respectively for the Union Council Lachi Urban District Kohat.
That Masood Ahmad Shah and Muhammad Alam (respondents Nos. 4 and 5) as well as Muhammad Ali Jan and Ghazi Marjan (respondents Nos. 6 and 7) also tiled nomination papers for the said post but their nomination papers were rejected. That Shaukat Ali. Khan, petitioner No.2 and one Dost Muhammad had filed their nomination papers for the office of Nazim and Naib Nazim but the same were withdrawn by them. That the Returning Officer after scrutinizing the nomination papers of the petitioners, accepted the same vide his order, dated 1-3-2001. Feeling aggrieved of the above order of the Returning Officer, Saeed Ahmad Shah, respondent No.3 preferred an appeal before the 'District Returning Officer who accepted the same by his order, dated 10-3-2001 and rejected the nomination papers of the petitioners.
3. Learned counsel for the petitioners, inter alia, contended that, the Returning Officer. on the day of scrutiny in presence of the candidates of the constituency cleared the nomination papers of the petitioners declaring them as qualified candidates to contest Election. Saeed Ahmad Shah, respondent No.3 not satisfied with the order, dated 1-3-2001 passed by the Returning Officer preferred an appeal before the District Returning Officer who after hearing the parties rejected the nomination papers of the petitioner No.1 vide order, dated 10-3-2001. The sole ground prevailed upon the Appellate Authority for passing the impugned order was that the Fawad Khan petitioner No.1 does not command a good reputation and a person of ill-repute. Reliance was placed on the list provided by the District Monitoring Team, that District Returning Officer acted beyond the scope of his powers against the norms of law and justice. As the ground for rejection of nomination papers was neither argued before the Returning Officer by respondent No.3 nor taken in the memorandum of appeal as such the order in question is unilateral un warranted and unfouded for the reason that the petitioner No.1 was not provided an opportunity to defend himself regarding the allegations about which he has no notice nor any knowledge. That reliance on the alone letter alongwith list issued by the Monitoring team Just on rumours amounts to condemn the petitioner unheard. That suo motu notice on the part' of the District Returning Officer is also viblative to the N.- W.F.P. Local Government Ordinance and Rules, 2000.
4. Learned Deputy Attorney-General appearing on behalf of respondents Nos. 1 and 2 opposed the contentions of the learned counsel for the petitioners. and stressed his arguments on the report of the Monitoring Team that the petitioner No.1 is not enjoying good reputation he had misused the name of his father who was an Ex-Minister of N.-W.F.P. and used to grab money from the people for getting their job done. He referred Letter No. 160/2/LBE/IS, dated 4-3-2001 issued by Lt.-Cola DMT Leader Kohat alongwith list wherein the name of petitioner No. 1 is figured at Serial No.152.
5. We have given our anxious consideration to the submissions of the learned counsel for the parties, perused the correspondence by Monitoring Team produced by the Deputy Attorney- General and also gone through the impugned order passed by the District Returning Officer as well as available record before the Court. There is nothing on record exposing the character of petitioner No.1 except the afore-mentioned letter issued by the Monitoring Kohat. The District Returning Officer has also rejected the papers of the petitioners on the solitary evidence i.e. letter referred above' without further probe and satisfaction which is against the principle of natural justice and rights guaranteed under the Constitution of Islamic Republic of Pakistan, 1973 that a person can participate in the Election. It is a set principle of. law that a person is not guilty unless proved so. The letter in question also indicates that the report of the Monitoring Team, is based on mere speculation, not supported by material or corroborative evidence in respect of such allegation so levelled against the petitioner No.1. Attack on a character of a person is not an ordinary allegation which could not be taken so lightly and off-handedly because it is a stigma having a serious for-reaching and life long effect, involving his, career future and current life, he is leading. Specially in the circumstances when the appellant before the District Returning Officer (respondent No.3 herein) nor any person from the public had raised such objection upon the reputation and character of the petitioner No.1 before the Appellate Authority.
6. Above all election process and contesting an selection is of immense importance. The candidate is supposed to volunteer his services for the well-being of the public without any consideration and public is the best Judge to assess and evaluate the character and behaviour of candidate. It is in fact sacrosanct and sacred job to perform with no return or perk, keeping in view the welfare of the public just for the sake of humanity in the name of Almighty Allah.
7. Professor Masoodul Hassain in his Book LEXICON OF ELECTION LAWS' beautifully and significantly laid emphasis upon the characteristic of a candidate who contest election which reads as under:- - "Etymologically 'candidate' means clothed in white. This is reminiscent of the days when in ancient Rome, persons who stood as candidates for a public office offered prayers in a temple dressed in white. White colour is symbolical of purity and the idea was that while holding the office they would maintain their integrity. The word also means awaiting fortune and the candidate is one who awaits fortune. The word return means to render thanks'. In ancient Rome when a candidate won an office he went to the. temple to render thanks. A person who stands as a candidate embarks on a political voyage, and the moment of triumph is when he returns home safe, i.e. when he is elected.
In the expression 'to stand as a candidate', the word 'stand' is significant and means 'to assume or maintain an erect attitude, and to remain firm or steady in an upright position'. The significance of the expression is that the person concerned would assume and maintain an erect attitude, and would not stoop to undesirable practices.'
8. To recapitulate, the Returning Officer and the District Returning Officer are duty bound to adjudicate such-like matter with great caution and care and ensure that charge must be proved beyond reasonable doubt, so declaring a candidate of ill-repute on the strength of solitary evidence i.e. letter by Monitoring Team based on hearsay with no other cogent and convincing evidence is not warranted under the law and the Constitution of Islamic Republic of Pakistan, 1973 which elaborately protect and safeguard, the fundamental rights of a citizen. We are, therefore, constrained to accept this writ petition, set aside the impugned order, dated 10-3-2001 passed by the District Returning Officer (respondent No.1) and maintain the order of Returning Officer (respondent No.2), dated 1-3-2001 and direct the concerned authorities to allow the 'petitioners to contest the Election for the offices of Nazim and Naib Nazim of Union Council Lachi Urban.