| Case ID |
2e14eebe-31eb-450a-86b5-92302d8b6a15 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 478, 479 and 480 of |
| Decision Date |
Sep 19, 2002 |
| Hearing Date |
Sep 16, 2002 |
| Decision |
The Balochistan High Court dismissed the constitutional petitions filed by Ghulam Akbar Lasi and others against the Election Tribunal's decision to reject their nomination papers for contesting elections. The court ruled that the petitioners were disqualified under the National Accountability Bureau Ordinance due to their prior involvement in plea bargaining. The court affirmed that the candidates could not contest elections if they had been disqualified under any law in force. The dismissal was based on the interpretation of relevant sections of the NAB Ordinance and the Representation of the People Act, which stipulate that individuals who have availed benefits under plea bargaining are deemed convicted and thus ineligible for election candidacy for a period of ten years. The court found no jurisdictional defects in the Election Tribunal's decision and emphasized the importance of adhering to legal provisions regarding electoral disqualification. |
| Summary |
This case revolves around the constitutional petitions filed by Ghulam Akbar Lasi and others challenging the rejection of their nomination papers for elections from various constituencies. The core issue was their disqualification under the National Accountability Bureau Ordinance due to previous plea bargaining agreements. The Balochistan High Court, presided over by Chief Justice Raja Fayyaz Ahmed and Justices Akhtar Zaman Malghani and Muhammad Nadir Khan, examined the implications of the NAB Ordinance, which disqualifies individuals for ten years if they have availed plea bargaining. The court's decision highlighted the legal framework governing electoral candidacy and the consequences of engaging in corrupt practices, reinforcing the principle that candidates must adhere to the eligibility criteria established by law. The ruling serves as a critical reference for future electoral disputes and underscores the judiciary's role in upholding the integrity of the electoral process in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA FAYYAZ AHMED, CHIEF JUSTICE,
AKHTAR ZAMAN MALGHANI, JUSTICE,
MUHAMMAD NADIR KHAN, JUSTICE
|
| Lawyers |
Muhammad Aslam Chishti, Senior Advocate,
Hadi Shakeel Ahmed
|
| Petitioners |
others,
GHULAM AKBAR LASI
|
| Respondents |
another,
RETURNING OFFICER FOR NA 270, AWARAN CUM LASBELLA AT UTHAL
|
| Citations |
2003 SLD 3908,
2003 PLD 1
|
| Other Citations |
1994 SCMR 1299,
PLD 1989 SC 396,
1996 CLC 1772,
PLD 1997 Quetta 115,
PLD 1999 Quetta 1,
PLD 1993 SC 399,
1990 SCMR 1309
|
| Laws Involved |
National Accountability Bureau Ordinance, 1999,
Representation of the People Act, 1976,
Constitution of Pakistan, 1973
|
| Sections |
15,
25,
99(1 A)(i),
199
|