Haji KAMAL HUSSAIN vs ZULI IQAR ALI And Other
This matter arises from petitions for leave to appeal directed against a judgment of the Peshawar High Court, which had set aside the decision of the Election Tribunal. The respondent No.1 was declared successful in the general elections for the National Assembly from Constituency NA-28, FATA-2, Kurram Agency held on 6-10-1993. The petitioner challenged the election through an election petition contending that respondent No.1 had not attained the mandatory age of 25 years on the relevant date. The Election Tribunal unseated respondent No.1 relying on a school certificate indicating his birth date as 15-4-1969. However, on appeal, a Division Bench of the High Court reversed the finding, placing reliance on an identity card showing the birth date as 1966 and the fact that respondent No.1 succeeded his father in 1987 and received a 'Lungi'. The Supreme Court granted leave to appeal to examine whether the High Court was justified in reversing the finding of the Election Tribunal based on the available record.
- Whether the High Court was justified in reversing the finding of the Election Tribunal regarding the age of a candidate based on the available record?
- Does an identity card prevail over a school certificate for determining the age of a candidate in an election dispute?
- Article 199, Constitution of Pakistan 1973
ORDER
AJMAL MIAN, J.---By this common order we intend to dispose of the above to, petitions for leave to appeal. The respondent No.1 contested election of National Assembly from, Constituency NA-28, FATA-2, Kurram Agency in the general elections held on 6-10-1993 and -was declared successful having secured 717 votes against the petitioner's 512 votes. The petitioner filed an election petition impugning the above elections inter alia on the ground that on the relevant date, respondent No.1 had not attained the age of 25 years as required under the Constitution of the Islamic Republic of Pakistan, 1973. The above petition was resisted by respondent No.1. The evidence was recorded and the petitioner, in support of the petition, inter alia produced respondent No.Vs. School certificate indicating 15-4-1969 as the date of birth, wherdas respondent No.1 inter alia produced identity card showing his date of birth as 1966. The Tribunal accepted the evidence of the petitioner and non- seated respondent No. I by its judgment dated 2-10-1994 Against the above judgment, respondent No. l filed an appeal in the Peshawar High Court, which was allowed by a Division Bench through the judgment dated 10-1-1995, in which reliance was placed by the High Court on the identity card and the factum that respondent No.1 succeeded his father in the year 1987 as he was given Lungi' which could only be given to a person who had attained the age of 21 years. The petitioner has, therefore, filed the present petitions for leave to appeal.
2. In support of the- above petitions, we have heard Mr. Saeed Baig, learned ASC appearing for the petitioner. We are inclined to grant leave to consider the question, whether the learned Judges of the Division Bench were justified in reversing the finding of the Election Tribunal on the basis of the material available on record. Leave is, accordingly, granted.