| Case ID |
ffc53a28-e0e4-4b95-9358-1d9b2733addc |
| Body |
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| Case Number |
Civil Petition No.957 of 2007 |
| Decision Date |
Dec 18, 2007 |
| Hearing Date |
Dec 18, 2007 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Imtiaz Ahmed Lali challenging the rejection of his nomination papers for the Provincial Assembly elections. The Court upheld the Lahore High Court's decision, affirming that the petitioner's dismissal from police service due to wilful absence constituted a permanent disqualification under Article 63(i)(j) of the Constitution. The Court clarified that wilful or habitual absence from duty is deemed misconduct, thus validating the rejection of the petitioner's nomination papers. The judgment reinforced the notion that disqualifications based on misconduct are intended to maintain the integrity of the electoral process. |
| Summary |
In the case of Imtiaz Ahmed Lali v. Returning Officer, the Supreme Court of Pakistan addressed issues surrounding the disqualification of candidates for public office due to past misconduct. The petitioner, Imtiaz Ahmed Lali, challenged the rejection of his nomination papers for the Provincial Assembly elections, asserting that his prior dismissal from the police service for wilful absence did not constitute moral turpitude or misconduct as defined under the law. The Court ruled against the petitioner, affirming that such disqualifications are permanent and necessary to uphold the integrity of the electoral process. This decision emphasized the importance of ethical standards in public service and electoral candidacy, aligning with the principles enshrined in the Constitution of Pakistan and relevant electoral laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
MUHAMMAD NAWAZ ABBASI,
MIAN HAMID FAROOQ, JJ
|
| Lawyers |
Dr. Khalid Ranjha, Advocate Supreme Court,
Muhammad Asif Ranjha, Advocate Supreme Court,
Zafar Iqbal Chauhan, Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record
|
| Petitioners |
IMTIAZ AHMED LALI
|
| Respondents |
3 others,
RETURNING OFFICER
|
| Citations |
2008 SLD 1333,
2008 PLC 934
|
| Other Citations |
Imtiaz Ahmed Lali v. Ghulam Muhammad Lali PLD 2007 SC 369,
Secretary Education v. Mustamir Khan 2005 SCMR 17,
Badshah Hassan v. Interior Minister 2002 SCMR 967
|
| Laws Involved |
Constitution of Pakistan, 1973,
Representation Of People Act, 1976,
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
184,
185,
63(1)(i),
99(1-A)(i),
2(iii),
4(2)(a)
|