M. B. JAVED AWAN vs MUHAMMAD TAHIR NIZAMI Ss — 2025 CLC 1036 ISLAMABAD

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M. B. JAVED AWAN VS MUHAMMAD TAHIR NIZAMI Ss. 9(3) & 9(5)---Unani Ayurvedic and Homeopathy System Medicine Rules, 1980, Rr. 15 & 18---National Council for Homeopathy (NCH) elections---Eligibility of members to contest the election---Determination---Re-election prior to expiry of terms of office of members---Requirement---Authority of Federal Government or NCH to annul existing valid election schedule or issue a new election schedule---Scope---Resumption of election from the initial stage---Legality---Contention of the appellants was that with the rescheduling of elections with the approval of Federal Government they had become eligible for contesting the election for the reason that their term of office of members had expired, thus, being no more members of the NCH, they had become eligible to contest the elections---Validity---Election schedule initially issued, under which the last date for the filing of the nomination papers was 27.08.2023, was sacrosanct and could not have been undone or replaced by an altogether new schedule by NCH---Requirement under R. 18 of the Unani Ayurvedic and Homeopathy System Medicine Rules, 1980 (Rules), for the elections of the Council to be held "not less than three months preceding the date on which the term of the members of the Council is due to expire" was reinforced by the insertion of S. 9(5) through Ordinance No. LXI of 2002, which was required to be enforced strictly---Appellants filed their nomination papers when they were indeed members of the Council as the term for which they were elected had not expired, thus, in terms of Ss. 9(3) and (5) of the Unani Ayurvedic and Homeopathy Practitioners Act,1965 (Act), they were not eligible to contest the elections and the Single Judge-in Chambers correctly held that their nomination papers were wrongly accepted by the Returning Officer---Issuance of a new election schedule was not just a clear violation of R. 18 of the Rules and Ss. 9(3) and 9(5) of the Act but would have the effect of making the appellants (who were ineligible to be candidates in the election on the date when they first filed their nomination papers) to become eligible---Under the new schedule, the last date for the filing of the nomination papers was 09.10.2024 and by that date, the term for which the members of the Council were elected, had expired and on the basis of such expiry the erstwhile members of the Council asserted their eligibility for participation in the elections under the new schedule---There was no provision in the Act or the Rules made thereunder which either empowered the Federal Government or NCH to annul the election process after the candidates had filed their nomination papers and issue a new election schedule---Ineligibility of the appellants when they first filed their nomination papers could not be cured by the issuance of a new election schedule---Division Bench of High Court did not suspend the operation of the judgment passed by the Single Judge in Chambers, and NCH was bound to show compliance with the said judgment by initiating the process of the elections "from the stage from which the process was suspended" by the Judge-in-Chambers---By issuing an altogether new schedule, NCH showed contumacious disregard to the directions in the said judgment---Intra Court appeals were dismissed declaring the issuance of an altogether new schedule to be unlawful and in violation of Ss. 9(3) and 9(5) of the Act read with R. 18 of the Rules, and NCH was bound to proceed with the election process from the stage it was halted.

M. B. JAVED AWAN vs MUHAMMAD TAHIR NIZAMI Ss — 2025 CLC 1036 ISLAMABAD

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