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PERVEZ AKHTAR vs ALI SALMAN S — 2024 CLC 1558 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1558 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
PERVEZ AKHTAR vs ALI SALMAN S
Provisions referred to
S. 63---C

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

PERVEZ AKHTAR VS ALI SALMAN S.63---Constitution of Pakistan, Art. 63 (1)(d)(e)(k) & (m)---General elections for seat of Provincial Assembly---Disqualification of candidate---Office of profit---Nomination papers, acceptance of---Appellant / candidate contented that respondent / candidate was Chairman TEVTA and without completion of two years he could not contest elections---Plea raised by respondent / candidate was that he was not holding office for profit---Validity---Any person was qualified under Art. 63 (1)(m) of the Constitution, who was not in service of Pakistan, if he had held an office which was not whole time office remunerated either by salary or by fee---If Chairman TEVTA was not drawing any salary or fee, he could contest elections---Respondent / candidate was appointed Chairman TEVTA on probono basis and was not holding office of profit i.e. not a whole time office remunerated either by salary or kind as mentioned under Art. 63 (1)(m) of the Constitution---Respondent / candidate was not disqualified under Art.63(1)(d)(e)(k) of the Constitution to contest election---High Court declined to interfere in the order passed by Returning Officer accepting nomination papers of respondent / candidate---Appeal was dismissed, in circumstances.

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