GHULAM RABBANI, J.-- Through this petition, the petitioner has challenged the order dated 12th September, 2002 passed by learned Tribunal whereby, while allowing the appeal filed by respondent No.- 3, nomination form of the petitioner has been rejected.
2. We have heard arguments of learned counsel and with his assistance we have examined the papers available before us. Admitted position is that petitioners convicted by Ehtesab Court presided over by Judge of this Court in two Ehtesab References bearing Nos. 6/97 and 8/97.
Against the conviction and sentences appeals bearing No. 247/97 anl 255/98 were filed before the Hon'ble Supreme Court by the petitioner wherein only sentence of imprisonment of the petitioner was suspended vide orders dated 11.12.1997 and 19.11.1998.
3. The petitioner, as noted above, was convicted by Ehtesab Court on .The charge of corruption which fact has been admitted in the oral submission by the learned counsel for the petitioner. Thus; he is not qualified/disqualified to be elected or chosen as a member of a house of Majlis-e-Shoora (Parliament)/any assembly within the terms of Article 80 of Conduct of General Elections Order, 2002 and Section 99(1A)(h) of Representation of the People Act, 1976 which are reproduced below:- 8D. Qualifications and disqualifications of members of Majlis-e-Shoora (Parliament) and Provincial Assemblies.-- (1)---
(a) to (j) ...... (2) (a) to (g) ..................... (h) he has been convicted by a Court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force."
"99. (1A)... A person shall be disqualified from being elected as and from being, a member of any assembly, if:
(a) to (g) (h) has been convicted by a Court of competent jurisdiction- on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force."
4. Upshot of the above discussion is that we do not find any material defect, infirmity or any illegality in the impugned order. Accordingly, we dismiss this petition It. Limine alongwith the listed application. .