| Case ID |
08c17a1e-da9f-49c6-941a-61b13c063075 |
| Body |
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| Case Number |
Labour Appeal No.1 of 2004 |
| Decision Date |
Mar 29, 2005 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the court found that the appellant was disqualified to contest the election due to his prior dismissal from the Pakistan Air Force for absence from duty, which constitutes misconduct under Article 63(1)(i) of the Constitution. The court emphasized that absence from duty is a serious offense in government service and upheld the decision of the Election Tribunal that had de-seated the appellant. The court also noted the importance of proper verification of election petitions and the implications of non-compliance with legal requirements regarding such petitions. |
| Summary |
In the case of Labour Appeal No.1 of 2004, the High Court (AJ&K) addressed the disqualification of a returned candidate from contesting elections due to previous dismissal from the Pakistan Air Force for misconduct related to absence from duty. This case highlights the significance of compliance with legal frameworks governing elections, particularly the Representation of the People Act and the Pakistan Air Force Act. The court's decision underscores the interpretation of misconduct, confirming that absence from duty, even without a court-martial, is sufficient to disqualify a candidate under constitutional provisions. The ruling is consistent with precedents, reinforcing the principle that government service misconduct cannot be overlooked. This case serves as a pivotal reference for future election petitions and the enforcement of electoral integrity. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUSTAFA MUGHAL, JUSTICE
|
| Lawyers |
Sadaqat Hussain Raja,
Khawaja Muhammad Aslam Habib
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
MUSLIM COMMERCIAL BANK THROUGH GENERAL MANAGER CIRCLE OFFICE, MUZAFFARABAD AND 3 OTHERS
|
| Citations |
2008 SLD 1167,
2008 PLC 350
|
| Other Citations |
S.M. Ayub v. Syed Ausaf Shah and others PLD 1967 SC 486,
Iqbal Zafar Jhagra v. Khalilur Rehman 2000 SCMR 250,
Secretary Education v. Mustamir Khan 2005 SCMR 17,
Imtiaz Ahmed Lali v. Ghulam Muhammad Lali PLD 2007 SC 369
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976),
Pakistan Air Force Act (VI of 1953),
Constitution of Pakistan (1973)
|
| Sections |
55(3),
20,
38,
73,
63(1)(i)
|