HAMZA RASHEED KHAN vs ELECTION APPELLATE TRIBUNAL, LAHORE HIGH COURT, LAHORE arts — 2024 PLD 256 SUPREME-COURT

Case information

Citation: 2024 PLD 256 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLD
Parties: HAMZA RASHEED KHAN vs ELECTION APPELLATE TRIBUNAL, LAHORE HIGH COURT, LAHORE arts
Provisions referred to: S. 232

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

HAMZA RASHEED KHAN VS ELECTION APPELLATE TRIBUNAL, LAHORE HIGH COURT, LAHORE arts. 10a, 17 & 62(1)(f)---Elections act (XXXIII of 2017), S. 232(2)---Disqualifications for membership of Majlis-e-Shoora (Parliament)---Life time disqualification under article 62(1)(f) of the Constitution---Constitutionality---Interpretation of article 62(1)(f) of the Constitution in imposing a lifetime disqualification upon a person through an implied declaration of a court of civil jurisdiction while adjudicating upon some civil rights and obligations of the parties is beyond the scope of the said article and amounts to reading into the Constitution---View taken in the case reported as Sami Ullah Baloch v. abdul Karim Nausherwani (PLD 2018 SC 405) treating the declaration made by a court of civil jurisdiction regarding breach of certain civil rights and obligations as a declaration mentioned in article 62(1)(f) of the Constitution and making such declaration to have a lifelong disqualifying effect amounts to reading into the Constitution and is therefore overruled.

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