| Case ID |
1b7b8ef5-8dfe-4da3-840b-d30f07579d70 |
| Body |
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| Case Number |
Civil Appeal No. 102 of 2001 |
| Decision Date |
Jun 18, 2004 |
| Hearing Date |
May 10, 2004 |
| Decision |
The Supreme Court ruled that the appellant, Ch. Javaid Mehdi, cannot be disqualified from contesting the elections based on the allegations of being a willful defaulter, as he did not personally obtain the loan but rather it was acquired by the limited company he was associated with. The Court emphasized that the right to participate in elections is a fundamental right and cannot be stripped away without clear legal grounds. The Court set aside the decisions of the Chief Election Commissioner and the High Court, allowing the appellant to contest future elections unless proven otherwise by a competent court. |
| Summary |
In this significant case, the Supreme Court of Azad Jammu & Kashmir addressed the eligibility of Ch. Javaid Mehdi to contest elections amidst allegations of being a willful defaulter. The case revolved around the interpretation of the Azad Jammu & Kashmir Legislature Assemblies Election Ordinance, 1970, particularly section 5(xxii), which discusses disqualification due to financial defaults. The Court highlighted the importance of safeguarding fundamental rights, specifically the right to franchise, which includes the right to contest in elections. The decision emphasized that disqualification should not occur without substantial proof and legal justification, reiterating the principle that laws affecting fundamental rights must be interpreted favorably towards citizens. The ruling reinforces the notion that directors of companies cannot be held personally liable for the company's debts unless proven as willful defaulters by a competent authority. This case serves as a landmark precedent for future electoral disputes in AJ&K, ensuring that candidates are not unjustly barred from participation based on financial allegations that lack clear evidence. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Agricultural Development Bank of Pakistan,
Sialkot Dairies Limited
|
| Judges |
MUHAMMAD YUNUS SURAKHVI, C.J.,
Khawaja Muhammad Saeed, J.
|
| Lawyers |
Mr. Abdul Rashid Abassi,
M/s. Mujahid Hussain Naqvi,
Ch. Muhammad Ibrahim Zia
|
| Petitioners |
Ch. JAVAID MEHDI
|
| Respondents |
CHIEF ELECTION COMMISSIONER AJ&K, MUZAFFARABAD,
Hamid Raza son of Hafiz Muhammad Aslam
|
| Citations |
2004 SLD 3728,
2004 PLJ 245
|
| Other Citations |
2001 SCR 541,
2000 SCR 70,
1991 SCMR 2223,
PLD 1984 Kar. 145,
PLD 1993 SC 473,
1982 P.S.C. 1025,
PLD 1997 SC 564,
2001 SCMR 1888,
1994 SCMR 1299,
PLD 1989 SC 66,
1992 SCMR 2192,
1996 SCMR 1470
|
| Laws Involved |
Azad Jammu & Kashmir Legislature Assemblies Election Ordinance, 1970
|
| Sections |
5(xxii)
|