h1

1988 CLC 2475

MUHAMMAD YOUSUF

V/S

M. IRSHAD SIPRA

Per Fazal-i-Mahmood, J.

(a) Constitution of Pakistan (1973), Article 113 —

Election to Parliament/Provincial Assembly — Disqualifications, to be elected or choen to parliament — Scheme of Constitution apart from qualifications/disqualfications enumerated in Articles 62 & 63 also recognizes disqualifications for the time being imposed under any law for the time being in force from being, elected or chosen to Parliament or to Provincial Assembly. Muhammad Khan v. Muhammad Sarfaraz Khan etc. 1980 CLC 1; Umar Draz Cheema v. Noor Muhammad and others 1980 SCMR 1560; Mian Zahid Sarfraz v. Raja Nadir Pervaiz Khan and others 1986 CLC 1464 and Abdul Rashid Mughal v. Muhammad Shabbir Abbasi 1984 SCMR 1172 Ref. Shujaat Hasnain Qureshi v. Raees Ahmad Qureshi PLD 1988 SC 118 Rel.

Articles 113 & 127 — Senate (Election) Act (LI of 1975), Section 78 — Appeal against acceptance of nomination papers — Where impugned order of Returning Officer accepting nomination paprs of respondent candidate was found to be based on misapplication and misinterpretation of law and the Constitutional provisions, same was set aside by Appellate Authority.

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