Imran Nawaz And Another vs Rashid Mahmood Etc_
This petition for leave to appeal challenged a High Court judgment that disqualified the petitioner from contesting the election for Nazim of Union Council No. 119, Pasrur-I, Sialkot. The core legal question was whether the petitioner was ineligible to contest the election due to his affiliation with a banned organization. The High Court had relied on records from the Home Department and a directive from the Election Commission of Pakistan, confirming the petitioner's name appeared in the 4th Schedule to the Anti-Terrorism Act, 1997, as an active member and office bearer of a banned organization, thereby triggering the disqualification criteria under the Punjab Local Government Ordinance, 2001. The Supreme Court upheld the High Court's decision, finding no grounds to interfere with the factual determination that the petitioner was disqualified under the relevant statutory provisions. The Court affirmed that inclusion in the 4th Schedule of the Anti-Terrorism Act, 1997, constitutes valid grounds for electoral disqualification under the Punjab Local Government Ordinance, 2001, and dismissed the petition.
- Does inclusion in the 4th Schedule of the Anti-Terrorism Act, 1997, render a candidate ineligible to contest local government elections?
- Can the High Court rely on official records from the Home Department and the Election Commission to establish electoral disqualification?
- Is a candidate who is an office bearer of a banned organization disqualified from contesting the election of Nazim under the Punjab Local Government Ordinance, 2001?
- Section 152(1)(r), Punjab Local Government Ordinance 2001
- Section 4th Schedule, Anti-Terrorism Act 1997
- Article 185(3), Constitution of the Islamic Republic of Pakistan 1973
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.-- This petition has been filed to challenge the judgment of the High Court dated 15th August, 2005. Relevant paras therefrom are reproduced herein below:- "5. Learned Standing Counsel for the Federation of Pakistan has produced a Memo, issued, by Election Commission of Pakistan, whereby it had directed the Returning Officers and others that members of banned organizations (list of which was provided) should not be allowed to take part in the election. Learned Addl. Advocate-General also submitted record, according to which, name of Imran Nawaz son of Muhammad Nawaz/respondent No. 3 herein, was included in the 4th Schedule to the Anti-Terrorism Act, 1997 and it was also reported that he was active member of a banned organization.
6. Provisions of clause (r) of sub-section (1) of Section 152 of the Punjab Local Government Ordinance, 2001 are attracted to the case of respondent-lmran Nawaz. According to the record and Notification/directive issued by the Election Commission of Pakistan, he was not eligible to take part in the Election."
2. Leamed counsel for the petitioner contended that no acceptable evidence is available on record to disqualify the petitioner in terms of Section 152(1 )(r) of Punjab Local Government Ordinance, 2001 for contesting the election of Nazim from Union Council No. 119 Pasrur-I, Sialkot. She stated that a list containing the names of office bearer of a banned religious organization in which petitioner's name is mentioned to be the General Secretary of "Jaish Muhammad" is not authentic document, similarly the report sent by DIG to Election Commission, dated 30th July, 2005 cannot be believed as well for the purpose of disqualifying him for contacting Election.
3. On the other hand learned counsel for the caveator contended that the High Court had non- suited the petitioner to contest the election after taking into consideration the record made available as it is evident from the perusal of the impugned judgment.
4. Learned Additional Advocate-General supported the judgment and stated that according to the record maintained by the Home Department the list in which name of the petitioner is mentioned to be the General Secretary of 'Jaish Muhammad' an organization which was banned according to the 4th Schedule to the Anti-Terrorism Act, 1997 is authentic one.
5. We have heard the parties' counsel and have also gone through the impugned judgment, relevant para therefrom has been reproduced herein above, ln view of the contents of the judgment the name of the petitioner, is included in the list of the banned religious organization as per 4th Schedule to the Anti-Terrorism Act, 1997, mentioned by I.G. Home Department admits no interference in these proceedings under Article 185(3) of the Constitution of the Islamic Republic of Pakistan therefore, we have no reasons to disagree with the view point recorded by the learned High Court.
6. Thus petition is dismissed and leave refused.