| Case ID |
204ae3d9-0471-43c0-beff-a578fbbed9e2 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos.2622 and 2637 of 2002 |
| Decision Date |
Sep 17, 2002 |
| Hearing Date |
Sep 17, 2002 |
| Decision |
The Lahore High Court dismissed Writ Petition No.2622 of 2002 filed by Ch. Shabbir Hussain, declaring that he was not a person of good character due to multiple convictions related to smuggling. Consequently, the election of both the Nazim and Naib-Nazim was declared null and void, leading to the election of the contesting candidates as the new office-holders. However, Writ Petition No.2637 of 2002 filed by Ilyas Khan was allowed, allowing him to continue holding the office of Naib-Nazim, as no allegations of disqualification were made against him. |
| Summary |
This case revolves around the elections for the positions of Nazim and Naib-Nazim in Union Council No. 12, Rawalpindi. The Lahore High Court examined allegations against Ch. Shabbir Hussain, asserting that he lacked the necessary character qualifications due to previous convictions. The court upheld the Election Tribunal's decision that found him unfit for office, while simultaneously affirming the legitimacy of Ilyas Khan's election as Naib-Nazim. This case emphasizes the importance of character assessments in political candidacies, reflecting the broader implications of election integrity. Relevant laws include the Punjab Local Government Elections Ordinance, which governs the qualifications for candidates in local government elections. The court's decisions underscore the legal framework surrounding electoral processes and the significance of upholding ethical standards in public office. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Ch. Sultan Mansoor,
Mahmoodul Hassan Awan,
Muhammad Ilyas Sheikh,
Muhammad Asif Chaudhry
|
| Petitioners |
Ch. SHABBIR HUSSAIN,
Ilyas Khan
|
| Respondents |
10 others,
ELECTION TRIBUNAL (MANZOOR HUSSAIN MALIK), DISTRICT AND SESSIONS JUDGE, ATTOCK CAMP AT RAWALPINDI
|
| Citations |
2003 SLD 2499 = 2003 CLC 450
|
| Other Citations |
Muhammad Iqbal v. D.R.O. and others NLR 2002 Civil 59,
Tariq Mahmood v. District Returning Officer, District Faisalabad and 3 others 2001 SCMR 1991,
Ghulam Mustafa and another v. Returning Officer, Union Council No.71-78/Assistant Commissioner, Daska 2001 CLC 924,
Liaquat Ali Ranjha and another v. District Judge, Mandi Bahauddin 2001 MLD 864,
Muhammad Shabbir Abbasi v. Abdur Rashid Mughal 1984 CLC 27
|
| Laws Involved |
Punjab Local Government Elections Ordinance, 2000,
Constitution of Pakistan, 1973
|
| Sections |
14(d),
16(1)(2),
18-A(2),
199
|