MUHAMMAD SALEEM BUTT and another vs PROVINCIAL ELECTION COMMISSIONER, BALOCHISTAN and otherss
This matter arises from a petition for leave to appeal against the judgment of the Balochistan High Court upholding the rejection of the petitioner's nomination papers for the office of Nazim Union Council. The Returning Officer had rejected the nomination papers on the ground that the petitioner was dismissed from police service, which order was maintained by the District Returning Officer and the High Court under section 152(1)(h) of the Balochistan Local Government Ordinance, 2005. The petitioner contended that his dismissal was for disciplinary reasons and not moral turpitude, whereas the respondents argued that issuing bogus and fake notices to government officers justified disqualification. The Supreme Court granted leave to appeal to consider whether the High Court was justified in non-suiting the petitioner under the said statutory provision, and pending the decision, allowed the petitioner to contest the elections and participate in the pre-poll proceedings.
- Whether dismissal from service for disciplinary reasons rather than moral turpitude brings a candidate within the disqualification scope of section 152(1)(h) of the Balochistan Local Government Ordinance, 2005?
- Was the High Court justified in non-suiting the petitioner from contesting the local government elections?
- Section 152(1)(h), Balochistan Local Government Ordinance 2005
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Leave to appeal has been filed against the judgment dated 15-8-2005 passed by the Balochistan High Court Quetta.
2. Precisely stated facts of the case are that petitioner filed nomination papers for election of the office of Nazim Union Council Ward No,2 M.A. Jinnah Road, Quetta. Returning Officer vide order, dated 30-7-2005 rejected his nomination papers on the ground that he was dismissed from police service. The order of Returning Officer has been maintained by the District Returning Officer as well as by the High Court vides impugned judgments, dated 2-8-2005 and 15-8-2005 respectively.
3. Learned counsel for the petitioner stated that petitioner was dismissed from service not on account of moral turpitude but for some disciplinary reasons which are evident from the order of the D.I.-G. Police, dated 8-6-2000 therefore, his case is not covered under section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
4. On the other hand learned counsel for the caveator and Advocate-General, Balochistan stated that petitioner had been issuing bogus and fake notices to the Government Officers during his posting in the Anti-Corruption Department, therefore, his case is fully covered under the provisions of section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
5. After hearing learned counsel for both the parties we grant leave to appeal to consider as to whether the High Court was justified in non-suiting the petitioner under section 152(1)(h) of the Balochistan Local Government Ordinance, 2005.
6. Pending decision of the appeal arising out of this petition, the petitioner is allowed to contest elections.
7. The concerned Returning Officer is directed to complete the pre-poll proceedings and allow the petitioner to participate in the election, scheduled to be held on 25th August, 2005.
8. Appeal arising out of this petition be fixed in the 3rd week of September, 2005. Order be communicated by fax to Returning Officer.