| Case ID |
0408bc40-a507-49e2-a376-156f960d512c |
| Body |
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| Case Number |
Writ Petition No. 115 of 2008 |
| Decision Date |
Feb 14, 2008 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by the petitioner, Hafiz Hamad Ullah Farooq, who alleged that the respondent, Abdul Qayyum, was unqualified to contest elections due to his qualifications being derived from a non-recognized institution. The court noted that the petitioner failed to raise objections during the nomination process and that significant time had passed in the election campaign, which would make it inappropriate to stop the respondent from participating in the elections at such a late stage. The court emphasized the importance of allowing voters to exercise their franchise and mentioned the availability of future remedies through the Election Tribunal. |
| Summary |
In the case of Writ Petition No. 115 of 2008, the Peshawar High Court addressed the constitutional jurisdiction under Article 199 of the Constitution of Pakistan concerning the disqualification of a candidate for elections. The petitioner, Hafiz Hamad Ullah Farooq, contested the eligibility of respondent Abdul Qayyum, claiming that his qualifications stemmed from an unrecognized Deni Madrassa. The court observed that the petitioner did not raise these objections during the scrutiny of nomination papers, which was critical. With only days left until the elections and all campaign activities already completed, the court found that halting the respondent's participation would unduly deprive voters of their choice. The decision underscored the need for timely objections in electoral processes and highlighted the potential for future electoral remedies. The ruling reinforces the principle that electoral integrity must be balanced with candidates' rights to participate. Keywords such as 'election law', 'constitutional jurisdiction', and 'voter rights' are relevant in the context of this case, making it significant for discussions around electoral law and candidate qualifications. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED YAHYA ZAHID GILLANI,
MUHAMMAD ALAM KHAN
|
| Lawyers |
Muhammad Tahir
|
| Petitioners |
Hafiz HAMAD ULLAH FAROOQ
|
| Respondents |
6 others,
ABDUL QAYYUM
|
| Citations |
2008 SLD 440,
2008 PLD 88
|
| Other Citations |
Election Commission of Pakistan v. Javed Hashmi and others PLD 1989 SC 396
|
| Laws Involved |
Representation of the People Act, 1976,
Constitution of Pakistan, 1973
|
| Sections |
14,
199
|