Dr. ZAHOOR MEHDI vs CHIEF ELECTION COMMISSIONER ISLAMABAD & others
This matter arises from a Constitution Petition filed by Dr. Zahoor Mehdi challenging the order of the Chief Election Commissioner dated 29.9.2007 rejecting his nomination papers for the election of the President of Pakistan, and further praying for caretaker charge of the Government under the doctrine of necessity. The core legal questions involved whether the requirement of a proposer and seconder for a presidential candidate under subordinate legislation and the Second Schedule to the Constitution is mandatory, and whether a petition challenging presidential election matters is maintainable under Article 184(3) of the Constitution. The Supreme Court held that deviation from constitutional and statutory provisions regarding proposer and seconder is not permissible, affirming that nomination papers lacking them are rightly rejected, and further ruled that petitions challenging matters relating to the election of the President are not maintainable under Article 184(3) as they do not involve a question of public importance concerning the enforcement of fundamental rights. The key principles laid down include the mandatory nature of nomination requirements for the presidential election and the non-maintainability of election-related challenges under Article 184(3) of the Constitution.
- Whether the requirement of a proposer and seconder for a presidential candidate under the Constitution and the Presidential Election Rules, 1988 is mandatory?
- Is a petition challenging matters relating to the election of the President maintainable under Article 184(3) of the Constitution?
- Does a challenge to the rejection of presidential nomination papers involve a question of public importance with reference to the enforcement of fundamental rights?
- Article 41, Constitution of Pakistan 1973
- Article 62, Constitution of Pakistan 1973
- Paragraph 4 of the Second Schedule to the Constitution of Pakistan 1973
- Sub-rule (3)(b) of Rule 5 of the Presidential Election Rules, 1988
- Article 184(3), Constitution of Pakistan 1973
ORDER
Abdul Hameed Dogar, C.J.--Through the titled Constitution Petition, petitioner Dr. Zahoor Mehdi, a candidate for election of President prays that the order of the Chief Election Commissioner dated 29.9.2007 whereby his nomination papers for election of President were rejected may be set aside and he may be held qualified to contest the Presidential election. He further prays that under the doctrine of necessity he may be given caretaker charge of the Government so that he is able to ameliorate the national economy which objective he would achieve by saving 30% of running expenditure of the country and by boosting up 90% NGDP.
2. In support of the petition, the petitioner contended that Articles 41 and 62 of the Constitution, which deal with the qualifications for the President, do not lay down the requirement of proposer and seconder for a Presidential candidate, but is the requirement of sub-rule (3)(b) of Rule 5 of the Presidential Election Rules, 1988, which is a subordinate legislation, therefore, absence of proposer and seconder does not constitute violation of the Constitution. When confronted with the provisions of Paragraph 4 of the Second Schedule to the Constitution (Election of President), he took the plea that the same are not mandatory in view of the word 'may' used therein. To substantiate his plea, he submitted that the candidates for appointment to different posts in the public service offer themselves without any proposer and seconder and the same principle should apply vis-a-vis the election of President. Moreover, the petitioner is of the view that finding no suitable candidates for the election of President, he has offered himself as a candidate for that said office.
3. We have heard the petitioner at some length. The petitioner was unable to convince us as to how deviation from the constitutional as well as statutory provisions, referred to above, was permissible and how departure could be made from the law laid down in the case of M.P. Khan v. Muhammad Rafiq Tarar (1999 SCM R 90) where this Court did not dispense with the requirement of proposer and seconder. The order of the Chief Election Commissioner rejecting the nomination papers of the petitioner is unexceptionable.
4. Even otherwise, the petition, exfacie, is not maintainable under Article 184(3) of the Constitution.
This Court has already held in the case of Qazi Hussain Ahmed v. General Pervaiz Musharraf (Constitution Petition No, 58 of 2007) that the petitions challenging matters relating to the election of President do not involve question of public importance with reference to' the enforcement of fundamental rights conferred by Chapter 1 of Part II of the Constitution (Articles 8 to 28).
5.In view of the above, the petition is dismissed.