Moulana AGHA MUHAMMAD vs RETURNING OFFICER, NA 261 PISHIN CUM
This matter arises from the rejection of the petitioner's nomination papers for the general elections from constituency NA 261 Pishin cum Ziarat, which orders were upheld by the Election Tribunal and subsequently by the High Court of Balochistan. Upon filing a civil petition for leave to appeal, the Supreme Court granted leave and suspended the operation of the adverse orders. During the pendency of the appeal, the appellant was declared successful in the elections and a notification was issued. The core legal question concerned the interim status of the election result and the propriety of the appellant taking the oath of office while the eligibility dispute remained sub judice before the apex court. The Supreme Court held that the election result shall remain subject to the final decision of the pending appeal. Consequently, in the interest of justice, the Court restrained the appellant from taking the oath of office as a Member of the National Assembly until the disposal of the appeal, while adjourning the hearing to a future date.
- Can a candidate whose nomination papers were initially rejected take the oath of office as a Member of the National Assembly while an appeal regarding his eligibility is pending before the Supreme Court?
- Does the suspension of orders rejecting nomination papers permit the unhindered assumption of office prior to the final adjudication of the election dispute?
ORDER
' In this case petitioner's nomination papers were rejected for the elections from NA 261 Pishin cum Ziarat vide order dated 7-4-2013 and against the rejection of nomination papers appeal filed by him also failed before the Election Tribunal, Balochistan at Quetta on 17-4-2013. Against both these orders petitioner preferred a Constitution Petition before the High Court of Balochistan, Quetta, which was dismissed on 19-4-2013 through a shorts order followed by detailed reasons dated 6-5- 2013. Against the order of the learned High Court Civil Petition for Leave to Appeal was filed in which leave to appeal was granted on 23-4-2013. Simultaneously the operation of all the three orders dated 7-4-2013, 17-4-2013 and 19-4-2013 operating against the appellant was suspended.
2. Learned counsel for the appellant stated that appellant has been declared successful and a notification has also been issued. We have pointed out to him that the result of the election shall be subject to the decision of the appeal pending before this Court, therefore, in the interest of justice we restrain the appellant from taking oath of the office of the Member of National Assembly NA-261 'Pishin cum Ziarat. However, no sooner the appeal is decided the law shall take its own course. At the request of the learned counsel hearing is adjourned to 12th June, 2013.
3. Mr. Muhammad Ikram Chaudhry, learned Advocate Supreme Court has submitted an application (C.M.A. No,3012 of 2013) for impleadment. Notice of the same be issued to the appellant as well as to the respondents. In the meanwhile notice to the learned Attorney-General for Pakistan and the Election Commission be also issued.
Cited by 2 cases
- Saifullah Abro vs Senate Appellate Tribunal, Karachi and 2 others 2021 PLD Sindh 405
- Saifullah Abro vs Senate Appellate Tribunal & Ors 2021 SHC 472