Muhammad Faizan Babar vs Returning Officer PK-40 Mansehra arts — 2024 MLD 1463 PESHAWAR-HIGH-COURT

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

Muhammad Faizan Babar VS Returning Officer PK-40 Mansehra arts. 63(1) (e) & 63(1) (k)---Elections for seat of Provincial assembly---Nomination papers, rejection of---Retirement period from employment in Government bank---Expression "service of any statutory body or any body"---Scope---appellant (registered voter of the constituency) challenged the order of the Returning Officer, whereby objection filed by him was turned down and nomination papers of respondent for contesting election were accepted---Plea of the appellant was that period of two years from retirement of the respondent /candidate from a Bank (Zarai Taraqiati Bank Limited) was yet to elapse---Contention of the respondent / candidate was that bank (Zarai Taraqiati Bank Limited) from which he retired, was a company and therefore, the disqualifications as provided in art. 63 of the Constitution, were not applicable to his case---Validity---In arts. 63(1)(e) & 63(1)(k) of the Constitution of Pakistan, the expression "service of any statutory body or any body, which is owned or controlled by the Government or in which the Government has controlling share or interest "should not be confused with civil service or a civil servant; it connotes any service, post or office in the statutory body, regulated by rules or regulations framed by the competent authority and the only rider so placed by arts. 63(1) (e) & (k) of the Constitution, is that the said statutory body is owned or controlled by the Government---article 63(1)(k) clearly stipulates that a person who has been in service of Pakistan or any statutory body or any body which is owned or controlled by the government or in which the government has controlling share or interest, will not be eligible to contest the election unless a period of two years has elapsed since he ceased to be in such service---It was nobody's case that Zarai Taraqiati Bank Limited was not owned or controlled by the Federal Government---For disqualification under art. 63(1) (e) of the Constitution, it is not necessary that the candidate must be a civil servant---Said provision would also be attracted in case it is found that the candidate is in service of any body which is owned or controlled by the government or the government has controlling share or interest therein---Similarly, expressing "service of any statutory body or any body which is owned or controlled by the government or in which government has controlling share or interest" shall not be co-related with civil service or civil servant but it connotes any service or post in any statutory body, which is either owned or controlled by the government---Record revealed that two years from date of retirement of the respondent hade not elapsed, so the bar as contained under arts. 63 (1) (e) and (k) of the Constitution were fully applicable to the respondent---appellate Election Tribunal set-aside the impugned order of the Returning Officer and rejected the nomination papers of respondent for contesting election---Election appeal filed by the registered voter of the constituency, was allowed.

Muhammad Faizan Babar vs Returning Officer PK-40 Mansehra arts — 2024 MLD 1463 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 MLD