| Case ID |
14030835-5dec-434d-9126-cb96ab4636cb |
| Body |
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| Case Number |
Writ Petition No.4001 of 2001 |
| Decision Date |
May 14, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the order of the District Returning Officer that rejected the nomination papers of Malik Jamshed Ahmed. The court ruled that the rejection based on the F.I.R. for misappropriation was not a conclusive proof of guilt. Furthermore, the court found procedural irregularities in the scrutiny of the nomination papers, particularly concerning the admission of evidence and the opportunity to cross-examine witnesses. As the objection regarding the candidate's moral character was not raised before the Returning Officer, it could not be used as a basis for rejection. The court ordered that the candidate's nomination papers be accepted, allowing him to contest the election. |
| Summary |
In the landmark case of Writ Petition No.4001 of 2001, the Lahore High Court addressed critical issues surrounding the nomination process for local government elections in Punjab. The case involved Malik Jamshed Ahmed, whose nomination papers were rejected by the District Returning Officer based on an F.I.R. concerning misappropriation. The High Court emphasized the principle that mere registration of an F.I.R. does not equate to a finding of guilt. The court also scrutinized the procedural adherence during the nomination scrutiny process, highlighting that the objections raised about the candidate's moral character were not valid grounds for rejection as they were not presented during the initial scrutiny. The decision reinforces the necessity for due process and fair hearing in electoral matters, ensuring that candidates are provided with an opportunity to defend themselves against allegations. This case is a significant reference point for future electoral disputes, particularly regarding the evidentiary standards required in the scrutiny of nominations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN,
JILANI,
MUHAMMAD ZAFAR YASIN
|
| Lawyers |
Ch. Imdad Ali Khan,
Muhammad Zakria Shaikh,
Anwarul Haq,
Ch. Abdul Sattar Goraya
|
| Petitioners |
another,
Malik JAMSHED AHMED
|
| Respondents |
DISTRICT AND SESSIONS JUDGE/APPELLATE AUTHORITY/DISTRICT RETURNING OFFICER, SAHIWAL,
Ch. Imdad Ali Khan,
Muhammad Zakria Shaikh,
Anwarul Haq
|
| Citations |
2001 SLD 2605,
2001 CLC 1716
|
| Other Citations |
1998 MLD 1054,
1984 SCMR 1172,
1988 MLD 1948,
1988 CLC 109,
1991 CLC 57,
PLD 1976 SC 57,
1988 MLD 1751,
1997 MLD 612,
1995 CLC 158,
1925 All ER 1009,
1965 All ER 464,
1974 All ER 465,
1972 All ER 699
|
| Laws Involved |
Punjab Local Government Election Rules, 2000
|
| Sections |
16(10),
16(9),
18(3)(iii)
|