Haji MUHAMMAD IBRAHIM HINGORJO vs YOUSSOUF SHAHEEN and 2 others
These appeals arose from an order of the Election Tribunal concerning the eligibility of candidates for a Senate seat reserved for technocrats and professionals. The core legal question was whether the appellants, Haji Muhammad Ibrahim Hingorjo and Youssouf Shaheen, possessed the requisite qualifications to contest the election for the specified reserved seat. The Supreme Court dismissed the appeal of Haji Muhammad Ibrahim Hingorjo, affirming the Election Tribunal's finding that he was neither a technocrat nor a professional, and thus ineligible. Conversely, the Court accepted the appeal of Youssouf Shaheen, determining based on the evidence and material produced that he qualified as both a professional and a technocrat. Consequently, as the only other eligible contesting candidate, Youssouf Shaheen was declared the duly elected member for the seat vacated by the disqualification of the other candidate. The judgment establishes that eligibility for specialized legislative seats is a factual determination dependent on the evidence of professional or technical status presented by the candidate.
- Can a candidate be disqualified from a Senate seat reserved for technocrats if they fail to prove their status as a professional or technocrat?
- Is the determination of a candidate's status as a 'technocrat' or 'professional' a matter of evidence and material production?
- What is the consequence for a candidate declared ineligible for a Senate seat when another contesting candidate is found eligible?
1. ' NASIM HASAN SHAH, ACTG.CJ.---This judgment will dispose of the abovementioned two appeals as both of them are directed against one and the same order namely the order dated 16-10-1989 passed by the Election Tribunal (Mr. Justice Salim Akhtar, Judge, Sindh High Court) in Election Petition No,1 of 1988).
2. For reasons to be recorded later, Civil Appeal No, K-160 of 1989 filed by Haji Muhammad Ibrahim Hingorjo is dismissed and the impugned judgment of the Election Tribunal is upheld declaring him not to be the duly elected member to the Senate on the ground that he is neither a technorcrat nor professional.
3. ' However, the connected appeal filed by Youssouf Shaheen (Civil Appeal No,K-163 of 1989) directed against the order of the Election Tribunal dated 1640-1989 holding him also to be ineligible to contest elections from the seats reserved for technocrats is accepted. On the evidence and material produced by him, it is found that he is a "professional" and a "technocrat". Since Youssouf Shaheen is the only other contesting candidate eligible to contest election, he is declared as the duly elected candidate against the said seat, which has become vacant on account of Haji Muhammad Ibrahim Hingorjo being found disqualified to contest election and be elected thereto. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.