1. ' MUHAMMAD NAWAZ ABBASI, J.--In this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 leave has been sought against the Order dated 5-7-2001 passed by a learned Single Judge in chambers of Lahore High Court, Rawalpindi Bench, in a Constitution petition.
2. ' The facts in small, compass giving rise to this petition are that nomination papers filed by the petitioner to contest the election for the seat of Chairman, Municipal Committee, Attock, were rejected on the objection raised by his rival candidate namely Malik Ijaz Ahmed by the Deputy Commissioner, Attock, vide order dated 7-12-1998 inter alia on the ground that he obtained support of the two members by payment of illegal gratification. On dismissal of appeal preferred by the petitioner before the Commissioner, Rawalpindi Division, against rejection of his nomination papers, he invoked Constitutional jurisdiction of Lahore High Court in the matter by way of filing Writ Petition No,2596 of 1998 at Rawalpindi Bench. The writ petition was admitted to regular hearing and the petitioner was allowed to contest, the election the result of which would be subject to final disposal of the writ petition. The petitioner remained unsuccessful in the contest and consequently the writ petition was dismissed vide order dated 28-10-1999 on the ground that by virtue of Provisional Constitutional Order, election of Chairman, Muncipal Committee, Attock, stood suspended and there was no need of disposal of the writ petition on merits.
3. ' The petitioner filed fresh Petition bearing No,2365 of 2001 challenging the orders dated 7-12-1998 and 10-12-1998 passed by the Deputy Commissioner and Commissioner respectively by virtue of which his nomination papers for the election as Chairman, Municipal Committee, Attock, were rejected before Lahore High Court, Rawalpindi Bench, as the earlier petition on the matter was not decided on merits.
4. ' This second petition was dismissed in limine through the impugned judgment and in consequence thereto the order relating to the disqualification of petitioner would still be holding the field as a permanent stigma on the candidature of the petitioner.
5. ' The petitioner filed nomination papers for, the seat of Nazim, Union Council No, 1, Attock, in the subsequent elections of the local bodies held in July, 2001 which were rejected by the Returning Officer on the ground that the petitioner having offered gratification to two Councilors for winning their support in the elections for the seat of Chairman Municipal Committee, Attock, in the year 1998 was indulged in corrupt practices. The rejection of his nomination papers was challenged by the petitioner in the Lahore High Court, Rawalpindi Bench through Writ Petition No,1979 of 2001 which succeeded and was allowed vide judgment dated 13-6-2001. The rival candidate of the petitioner in the election for Nazim Union Council No,1 Attock challenged the order passed by the learned Single Judge in Writ Petition No,1979 of 2001 by virtue of which petitioner was allowed to contest the election before this Court through Civil Petition No,1693 of 2001 in which leave was granted. The learned Single Judge in the High Court in view of this development dismissed Writ Petition No,2365 of 2001 with an observation that the factual controversy in the matter requiring determination could not be possibly gone into by the High Court in the extraordinary jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
6. ' The representatiVe of Deputy Commissioner, Attock is present with record. However, none has appeared on behalf of respondent No,2 despite notice for today.
7. ' Learned counsel for the petitioner has contended that the allegation of offering illegal gratification to the Councilors for their support in the election for the seat of Chairman, Municipal Committee, Attock was never proved against the petitioner as no verdict in this behalf was ever given by, any competent forum therefore, the said allegation would not furnish a valid ground to disqualify the petitioner either in the election for seat of Chairman, Municipal Committee, Attock or in the subsequent elections for the ,seat of Nazim without establishing -the same in the proper manner before the competent forum and mere levelling of allegation would not be sufficient to reject the nomination papers of the petitioner. The learned counsel submitted that the said order of rejection of nomination papers of the petitioner -was used in the subsequent elections, therefore, the writ petition would essentially require disposal on merits.
8. We have considered the contentions raised by the learnedcounsel for the petitioner and find that the same were not without force. It is not deniable that the allegation of corruption was never established before any Court or authority in an appropriate manner. The allegations would definitely require 'a detail factual inquiry' to ascertain the correctness of the same but neither the needful was done at any stage nor the grievance of the petitioner was properly attended in the writ petition. We, therefore, without going into the correctness or otherwise of the allegation, observe that the disqualification mentioned in the order of Deputy Commissioner and the Commissioner on the basis of which the nomination papers of the petitioner for the seat of Chairman, Municipal Committee, Attock were rejected would not ipso facto provide a valid ground to reject the candidature of the petitioner in the subsequent elections.
9. With the above observations we, while converting this petition into appeal dispose of the same with no order as to costs. . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.