Khawaja Muhammad Nadeem Butt Etc. vs District Judge_District Returning Officer_Appellate Tribunal, Narowal And Other
This matter arises from petitions filed against the judgment of the Lahore High Court, whereby the petitioners were non-suited from contesting local government elections on the ground that they belonged to banned organizations pursuant to an Election Commission of Pakistan memo. The core legal question was whether the petitioners were members of any banned organization and thus ineligible to contest the elections. The Supreme Court accepted the petitions upon receiving instructions from the Home Department, Government of Punjab, through a law officer, confirming that the names of the petitioners did not appear in any documents as members of a banned organization. Consequently, the Court held that the petitioners were non-suited without lawful authority. The impugned judgments and orders disqualifying the petitioners were set aside, and the relevant Returning Officers were directed to include their names in the list of contesting candidates and permit them to contest the election. The key principle laid down is that disqualification of a candidate based on alleged membership of a banned organization cannot be sustained without factual verification and support from official departmental records.
- Whether a candidate can be disqualified from contesting elections on the ground of belonging to a banned organization without verification from official records?
- Can the High Court's dismissal of a writ petition regarding election eligibility be set aside when the concerned government department confirms the candidate's name is not listed as a member of a banned organization?
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.-- Listed petitions have been filed against the judgment dated 5th August, 2005 passed by the Lahore High Court in Writ Petitions Nos. 14164 and 14174 of 2005 instituted by the petitioner(s) wherein they have been non-suited on stated allegations that they are the persons belonging to banned organizations as per the memo, of Election Commission of Pakistan No. F.3(i)/05-Election, dated 18th July, 2005. Relevant para from one of the petitions i.e. No. 1541-L of 2005 is reproduced herein below:- "...... The Election Commission of Pakistan by Memo. No. F.3(1)/2005-Election, dated 18th July, 2005 has also declared that a person belonging to banned organization, which included the organization to which petitioner No. 2 belonged, was not eligible to contest the Election. As the competent authority has declared petitioner No. 2 to be ineligible to context Election, the impugned orders cannot be interfered with."
2. Learned counsel for petitioners vehemently contended that petitioners are not member of banned organizations and they have been non-suited on surmises and conjectures, ln such view of the matter Addl. Advocate- General was asked to ascertain from the Home Department, Government of Punjab as to whether the names of the petitioners finds mention in any of the documents to be the members of the banned organization.
3. On having taken instructions from Muhammad Aslarn, Section Officer who is present in Court he stated that their names are not available in the Home Department to be the members of the banned organization, ln view of his such statement we are of opinion that petitioners have been nonsuited without lawful authority.
4. Thus for the foregoing reasons both the petitions are accepted impugned judgment passed by the Lahore High Court dated 5th August, 2005 and orders of the District Returning Officer dated 2nd and 3rd August, 2005 respectively are set aside.
5. Returning Officers of UC-2, Narowal City and UC-31, Sankhatra Narowal, are directed to include the names of the petitioners in the list of contesting candidates and on completion of pre-poll process allow them to contest Election, which is to be held on 25th August, 2005.
Both the petitions are converted into appeals and allowed. No order as to costs.