Muhammad Saleem Butt And Another vs The Provincial Election Commissioner, Balochistan And Other
This matter concerns a petition for leave to appeal against a judgment of the Balochistan High Court, which upheld the rejection of the petitioner's nomination papers for the office of Nazim, Union Council Ward No. 2, Quetta. The Returning Officer had disqualified the petitioner on the grounds of his prior dismissal from police service. The core legal question was whether the petitioner's dismissal from service, allegedly for disciplinary reasons rather than moral turpitude, brought him within the disqualification criteria stipulated under Section 152(1)(h) of the Balochistan Local Government Ordinance, 2005. The petitioner contended his dismissal did not involve moral turpitude, while the respondents argued the dismissal, coupled with the production of a fake educational certificate, warranted disqualification. Upon review, the Supreme Court granted leave to appeal to examine the justification of the High Court's decision to uphold the disqualification. Pending the final adjudication of the appeal, the Court granted interim relief, allowing the petitioner to contest the election and directing the relevant authorities to include his name in the list of contesting candidates.
- Does a dismissal from police service for disciplinary reasons constitute disqualification under Section 152(1)(h) of the Balochistan Local Government Ordinance 2005?
- Can a candidate be disqualified from contesting a local government election based on the production of a fake educational certificate at the time of prior employment?
- Is a candidate entitled to interim relief allowing them to contest an election pending the final decision on their disqualification?
- 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 Baluchistan High Court, Quetta.
2. Precisely stating 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 vide 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 DIG, Police dated 8.6.2000 therefore, his case is not covered under Section 152(1 )(h) of the Baluchistan Local Government Ordinance, 2005.
4. On the other hand learned counsel for the cayeator and A.G. Baluchistan 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 Baluchistan 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 Baluchistan Local Government Ordinance, 2005.
6. Pending decision of the appeal arising out of this petition, the petitioner is allowed to contest elections.
As he produced a fake certificate of F.A. At the time of joining police department, therefore, he is disqualified to context the election.
3. We have heard the parties counsel and have gone through the relevant record and the judgments relied upon by them carefully, ln our opinion the contentions raised by both the sides require to be examined in detail, therefore, leave to appeal is granted.
4. Returning Officer of UC 18 Simmon, District Mandi Bahauddin is directed to include the name of petitioner in the list of contesting candidates for the office of Nazim and compete pre-poll process before the polling scheduled on 25th August, 2005 enabling the petitioner to participate in the election in accordance with law. The order be communicated to the DRO by fax at the cost of petitioner. Appeal arising out of this petition be fixed in the third week of September, 2005 along with appeal arising out of Civil Petition No. 2079/2005.