| Case ID |
3900ec50-78c5-4bd7-8e0a-6cf0d128e424 |
| Body |
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| Case Number |
Civil Appeal No. 189 of 1985 |
| Decision Date |
Aug 18, 1987 |
| Hearing Date |
|
| Decision |
The court found that the respondent, Lt. Gen. (Retd.) Saeed Qadir, met the definition of a 'technocrat' despite not having formal qualifications recognized by the Pakistan Engineering Council. The court highlighted that under the relevant law, professional competence and experience could suffice for qualification as a technocrat. The judgment emphasized that while technical qualifications were not mandatory, the respondent's extensive experience and recognized competence in engineering and logistics established his eligibility. The election petition was dismissed, affirming the tribunal's decision that the respondent was a qualified technocrat under the applicable laws. |
| Summary |
The case centers on the appeal against the election of Lt. Gen. (Retd.) Saeed Qadir to the Senate, where the appellant, Dr. Aon Muhammad Khan, challenged his status as a 'technocrat' under the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977. The Supreme Court reviewed the qualifications and experience of the respondent, concluding that the absence of formal academic qualifications did not disqualify him from being recognized as a technocrat. The court underscored the importance of practical experience and professional competence in the fields of engineering and logistics, ultimately affirming the election tribunal's ruling. This case highlights the evolving definitions of professional qualifications in political contexts and the legal interpretations surrounding them. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN WRZA,
ALI HUSSAIN QAZILBASH,
WAN BURHANUDDIN KHAN
|
| Lawyers |
Moulvi Sirajul Haq,
M.A. Siddiqi
|
| Petitioners |
Dr. AON MUHAMMAD KHAN
|
| Respondents |
others,
Lt. Gen. (Retd.) SAEED QADIR
|
| Citations |
1987 SLD 878,
1987 PLD 490
|
| Other Citations |
Sh. Ihsanul Haq Piracha v. Wasim Sajjad and others P L D 1986 S C 200
|
| Laws Involved |
Houses of Parliament and Provincial Assemblies (Elections) Order, 1977,
Senate (Election) Act, 1975
|
| Sections |
1,
5(1),
34,
48(3)
|