| Case ID |
1722e80b-9e4f-4b69-acb2-6897719be57e |
| Body |
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| Case Number |
Writ Petition No. 73737 of 2010 |
| Decision Date |
Aug 10, 2010 |
| Hearing Date |
Aug 10, 2010 |
| Decision |
The Lahore High Court dismissed the petition filed by the petitioners, ruling that the respondent, Malik Nawab Sher, was legally entitled to hold the office of Member of the National Assembly. The court highlighted that the petitioners failed to prove that the respondent lacked the required educational qualifications or was disqualified from holding office due to past misconduct. The decision emphasized that the amendments made to the Constitution through the 18th Amendment removed the lifetime disqualification previously applicable to individuals dismissed from service on grounds of misconduct after a period of five years. Consequently, the court found no legal basis to issue a writ of quo warranto against the respondent. |
| Summary |
This case involves a writ petition challenging the authority of Malik Nawab Sher to hold the office of Member of the National Assembly. The petitioners argued that the respondent was disqualified based on allegations of misconduct and lack of educational qualifications. However, the Lahore High Court ruled in favor of the respondent, citing the recent constitutional amendments that relaxed disqualification criteria for past misconduct. This landmark decision underscores the evolving legal landscape regarding eligibility for public office in Pakistan and the importance of constitutional interpretations in electoral matters. The ruling reaffirms the principle that public office holders must meet the qualifications set forth in the Constitution, while also considering the amendments that affect disqualifications. Keywords relevant to this case include 'writ of quo warranto', 'disqualification', 'Constitution of Pakistan', 'Lahore High Court', and 'electoral law'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. AHMAD FAROOQ, J
|
| Lawyers |
Farooq Amjad Mir,
Malik Noor Muhammad Awan,
Muhammad Riaz,
Khaiid Ranjha,
Atir Mahmood,
Muhammad Nawaz Waseer,
Syed Tanveer Ahmed Hashmi
|
| Petitioners |
Ch. MUNEER AHMAD and others
|
| Respondents |
Malik NAWAB SHER and others
|
| Citations |
2010 SLD 292,
2010 PLD 625
|
| Other Citations |
Pakistan Tobacco Board and another v. Tahir Raza and others 2007 SCMR 97,
Capt. (Retd.) Muhammad Naseem Hijazi v. Province of Punjab through Secretary, Housing and Physical Planning and 2 others 2000 SCMR 1720,
Hafiz Hamdullah v. Saifullah Khan and others PLD 2007 SC 52,
Naqeeb Ullah Khan v. Malik Imran Khan and 6 others PLD 2006 Pesh. 21
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Air Force Act, 1953,
General Clauses Act, 1897,
Representation of the People Act, 1976
|
| Sections |
199(1)(b)(ii),
62,
63,
63(i),
62(f),
66(2)(3),
264,
63(2)(3),
225,
199(3),
63(h)(i),
238,
239,
39(b),
6C,
99,
99(1)(t),
1A
|