M.P. KHAN and another vs Justice (Retd) MUHAMMAD RAFIQ TARAR and others
This matter concerns three petitions for leave to appeal against a judgment of the Lahore High Court, which affirmed the rejection of the petitioners' nomination papers for the election to the office of the President of Pakistan. The petitioners challenged the decision of the Acting Chief Election Commissioner, who had rejected their nominations because they were not proposed or seconded by any member of the electoral college, as mandated by the Constitution. The core legal question was whether the nomination papers for the Presidential election were validly submitted without the required proposer and seconder. The Supreme Court held that the rejection was correct, as the Constitution explicitly requires that a candidate's nomination paper be signed by a proposer and a seconder who are members of the Majlis-e-Shoora (Parliament) or a Provincial Assembly. The Court affirmed that compliance with the procedural requirements set out in the Second Schedule to the Constitution is mandatory for a valid nomination. Finding no illegality in the lower court's order and noting that some petitions were time-barred, the Supreme Court dismissed all petitions for lack of merit.
- Is it mandatory for a candidate for the office of the President of Pakistan to have their nomination paper signed by a proposer and a seconder?
- Does the electoral college for the election of the President of Pakistan consist of members of the Majlis-e-Shoora and Provincial Assemblies?
- Can nomination papers for the office of the President be accepted if they fail to comply with the requirements of the Second Schedule to the Constitution?
- Article 41(3), Constitution of the Islamic Republic of Pakistan 1973
- Paragraph 4, Second Schedule, Constitution of the Islamic Republic of Pakistan 1973
- Article 41, Constitution of the Islamic Republic of Pakistan 1973
ORDER
' SH. RIAZ AHMED, J.---This order shall dispose of C.P.L.A. No,681- L of 1998 filed by M.P. Khan and C.P.L.As. Nos.903-L and 904-L of 1998 filed Major (Retd.) Faisal Naseer Khan seeking leave to appeal against the judgment and order dated 9-2-1998 delivered by a Full Bench consisting of three learned Judges of the Lahore High Court whereby the order dated 18-12-1997 passed by the Acting Chief Election Commissioner rejecting the nomination papers filed by the petitioners to contest the election to the office of the President of Pakistan was affirmed and the writ petitions filed by the petitioners were dismissed.
2. The facts in brief giving rise to the institution of these petitions are that consequent to the resignation of Mr. Farooq Ahmad Khan Leghari, the then President of Pakistan, the office of the President of Pakistan fell vacant. To fill the vacancy so occurring the Acting Chief Election Commissioner in exercise of the powers conferred upon him by Article 41(3) read with Second Schedule to the Constitution of the Islamic Republic of Pakistan proceeded to conduct the election.
The petitioners also filed their nomination papers without being proposed or seconded by any over and, thus, during the serutiny of the nomination papers the Acting Chief Election Commissioner rejected the said nomination papers being violative of para. 4 of the Second Schedule to the Constitution. Para. 4 of the Second Schedule reads as under:-- "4. At any time before noon on the day fixed for nomination any member of the Majils-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President of person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e- Shoora (Parliament) or, as the case may be, Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination: ' Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election."
' It may be stated here that under Article 41 of the Constitution, the electoral college to elect the President of Pakistan consists of members of the Majlis-e-Shoora (Parliament) as well as four Provincial Assemblies, therefore, the name of a candidate is required to be proposed and seconded by a voter, who could only be either a member of the Majils-e-Shoora (Parliament) or a member of any of the four Provincial Assemblies. However, an elaborate procedure has been prescribed to hold election to the office of the President, which need not be dilated upon. Suffice it would be that for and nomination papers in respect of a candidate for the office of the President, it is essential that the same should be proposed and seconded by a member of the electoral college as aforesaid.
3. Since the petitioners' nomination papers were not submitted as required by the Constitution, the Acting Chief Election Commissioner rightly rejected the same.
4. Both the petitioners, who appeared in person, could not substantiate their case before us and failed to point out any illegality in the orders impugned so as to justify interference by this Court. It is further pertinent to mention that the petitions filed by Major (Retd.) Faisal Naseer Khan (C.P.
No,903-L & 904-L of 1998) are also barred by time.
5. Resultantly, all the three petitions having no merit and substance are hereby dismissed.