| Case ID |
e2da2fb7-3627-4d9e-99e9-885fe05cdb2c |
| Body |
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| Case Number |
W.P. No. 8675 of 2014 |
| Decision Date |
Mar 15, 2017 |
| Hearing Date |
Mar 08, 2017 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed under Article 199(1)(b)(ii) of the Constitution of Pakistan, 1973, challenging the election of Malik Abdul Ghaffar Dogar as a Member of the National Assembly. The petitioner alleged contradictions in the educational qualifications declared by Dogar in his nomination papers for different elections, and claimed he was disqualified due to being a proclaimed offender in a criminal case. The court held that a declaration of disqualification must come from a court of law, and the previous findings by the Election Commission did not suffice to disqualify him. The court emphasized the importance of the will of the voters and the necessity for clear legal grounds for disqualification. The court found no contradictions in the educational qualifications and deemed the allegations of personal bias against the petitioner as valid, leading to the dismissal of the petition. |
| Summary |
This case revolves around the constitutional petition challenging the election of Malik Abdul Ghaffar Dogar as a Member of the National Assembly from N.A 148. The petitioner contended that Dogar's educational qualifications were inconsistent across different electoral nominations and that he should be disqualified due to a pending criminal complaint. The Lahore High Court found that the Election Commission's previous rulings did not constitute a court declaration of disqualification, as required under Article 62(1)(f) of the Constitution. The court also ruled that the petitioner's personal motives compromised the integrity of the complaint, leading to a dismissal of the petition. The case highlights the legal standards for electoral qualifications and the weight of voter representation in democratic processes. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SHAHID KARIM,
MUHAMMAD NAWAZ KHAN
|
| Lawyers |
Saghir Ahmad,
Jamshed Hayat,
Rana Muhammad Asif Saeed,
Tahir Mehmood,
Syed Muhammad Ali Gillani,
Malik Kashif Rafiq Rajwana
|
| Petitioners |
|
| Respondents |
5 OTHERS,
ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY
|
| Citations |
2018 SLD 1247,
2018 CLC 784
|
| Other Citations |
Aziz. ur Rehman Ch. v. M. Nasir ud Din and others PLD 1965 SC 236,
Dr. Kamal Husain v. Muhammad Siraj ul Islam PLD 1969 SC 42,
Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 SC 1066
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
62(1)(f),
225
|