HAFEEZ ALI vs GHAFOOR AHMED S — 2023 MLD 1518 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1518 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: HAFEEZ ALI vs GHAFOOR AHMED S
Subject matter: Constitutional
Provisions referred to: S. 2; Balochistan Local Government Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAFEEZ ALI VS GHAFOOR AHMED S. 2(1)(lxxxviii)---Constitution of Pakistan, Arts. 32, 34 & 36---Local bodies elections---Reserved seat for 'worker'---Petitioner was aggrieved of acceptance of candidature of respondent by election authorities against seat reserved for 'worker' in local bodies elections---Validity---In order to protect and safeguard rights of down trodden masses, minorities and women, special seats were sine qua non for their due representation otherwise feudal lords and privileged classes would usurp even their right of representation in the corridors of power---For such purposes Arts. 32, 34 & 36 were incorporated in the Constitution---True representation of subjugated classes in the corridors of power was the way forward to attain prosperity, tranquility and peace in society---Respondent did not qualify within the definition of "Worker" provided in the Balochistan Local Government Act, 2010---High Court set aside orders passed by election authorities and rejected nomination form for special seat reserved for Workers, as respondent had valuable assets in his name---High Court directed Returning Officer to "delete" name of respondent from the list of validly nominated candidates for special seat reserved for 'Worker'---Constitutional petition was allowed accordingly.

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