| Case ID |
158bef48-00d9-4bcc-955e-f6b533a00d25 |
| Body |
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| Case Number |
Election Appeal No. 146 of 1996 |
| Decision Date |
Jan 06, 1997 |
| Hearing Date |
Jan 06, 1997 |
| Decision |
The appeal was accepted, leading to the disqualification of Ch. Tajammal Hussain from contesting the National Assembly election due to his failure to return public deposits as President of a Finance Corporation declared undesirable under the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993. The court ruled that since he was not an Ameen as defined under Article 62(f) of the Constitution, he could not contest for membership of Parliament. The court referenced previous judgments to assert the responsibility of directors and shareholders in returning deposits, ultimately concluding that the respondent's nomination was unlawfully accepted. |
| Summary |
This case revolves around the disqualification of a candidate, Ch. Tajammal Hussain, from the National Assembly elections due to his role as President of a finance corporation that failed to return public deposits. The Election Tribunal evaluated his qualifications under Article 62 of the Constitution of Pakistan, which mandates that candidates must be Ameen—trustworthy and responsible. The ruling emphasized the legal responsibilities of directors in cooperative societies and referenced previous case law to support the decision. The case highlights the importance of financial accountability and integrity in electoral processes, resonating with ongoing discussions about transparency and governance in Pakistan's political landscape. |
| Court |
Election Tribunal, Pakistan
|
| Entities Involved |
National Industrial Cooperative Finance Corporation
|
| Judges |
JUSTICES IHSAN-UL-HAQ CHAUDHRY,
MUHAMMAD AQIL MIRZA
|
| Lawyers |
M. Saleem Sahgal,
Mian Saqib Nisar
|
| Petitioners |
GHAZANFAR ALI GUL
|
| Respondents |
Ch. TAJAMMAL HUSSAIN
|
| Citations |
1997 SLD 601 = 1997 CLC 1628
|
| Other Citations |
Dilawar Mahmood v. Babu Muhammad Munir and another 1994 MLD 415,
C. Ps. Nos. 452 and 453 of 1993
|
| Laws Involved |
Representation of the People Act,
Constitution of Pakistan,
Punjab Undesirable Cooperative Societies (Dissolution) Act
|
| Sections |
99,
62,
15
|