| Case ID |
f51ac014-3727-4f34-9a2e-f0c631c881f1 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.8697 of 2012 |
| Decision Date |
Nov 16, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court held that the respondent, Rana ASIF MEHMOOD, was disqualified from holding the office of Member Punjab Provincial Assembly due to his admission of being a Canadian national and holding a Canadian passport, which is only issued to Canadian citizens. The court directed the Election Commission of Pakistan to de-notify his membership, as he clearly fell under the disqualification criteria set forth in Article 63(1)(c) of the Constitution of Pakistan. The court emphasized that the sanctity of the election process must be upheld and that no individual not satisfying the qualifications provided by law could hold public office. The court also noted that the respondent failed to provide any legal basis to support his claim of holding a Canadian passport without being a citizen. |
| Summary |
In the case of Writ Petition No.8697 of 2012, the Lahore High Court addressed the eligibility of Rana ASIF MEHMOOD to serve as a Member of the Punjab Provincial Assembly. The petitioner, represented by Faisal Ilyas, argued that the respondent had incurred disqualification under Article 63(1)(c) of the Constitution of Pakistan due to his Canadian nationality and possession of a Canadian passport. The court highlighted that a Canadian passport is only issued to Canadian citizens, thereby affirming the respondent's citizenship status. The ruling reinforced the principle that public office holders must meet specific legal qualifications, and any failure to do so would lead to disqualification. The decision underscores the importance of maintaining the integrity of the electoral process and ensuring that all elected officials comply with the constitutional mandates regarding citizenship and eligibility. The court ultimately directed the Election Commission of Pakistan to de-notify the respondent's membership, reflecting a firm stance on upholding constitutional provisions against foreign citizenship for public office holders. Keywords such as 'disqualification', 'public office', 'citizenship', and 'electoral integrity' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL, C, J
|
| Lawyers |
FAISAL ILYAS
|
| Petitioners |
FAISAL ILYAS, ADVOCATE
|
| Respondents |
5 others,
Rana ASIF MEHMOOD
|
| Citations |
2013 SLD 1697,
2013 PLD 224
|
| Other Citations |
Umar Ahmad Ghumman v. Government of Pakistan and others PLD 2002 Lah. 521,
Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others C.P. No.5 of 2012,
Farzand Ali's case PLD 1970 SC 98
|
| Laws Involved |
Constitution of Pakistan,
Canadian Passport Order, 1981,
Canadian Citizenship Act, 1985
|
| Sections |
63(1)(c),
199(1)(b)(ii),
225,
4(2)
|