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P L D 1997 PESHAWAR 137

MUHAMMAD KHURSHEED KHAN

V/S

RETURNING OFFICER AND 4 OTHERS


Per Qazi Muhammad Farooq, J.

(a) Constitution of Pakistan (1973) Art. 225 & 199
r/w Ss. 14(5) & 68 of Representation of the People Act (LXXXV of 1976)–

Before adverting to the question of disqualification of the petitioner it will be pertinent to point out that in the face of rejection of his nomination paper and the grounds highlighted in section 68 of the Representation of the People Act, 1976 for declaring election of the returned candidate to be void the legal remedy of invoking the jurisdiction of the Election Tribunal to be appointed at the appropriate stage, through an election petition would not be available to the petitioner, therefore, this writ petition is maintainable to the observations made in Ghulam Mustafa Jatoi v. Additional District & Sessions Judge/Returning Officer, NA. 158, Naushero Feroze and others (1994 SCMR 1299) and is not hit by the ratio of the judgment reported as Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others (PLD 1989 SC 396) that generally in an election process the High Court cannot interfere by invoking its Constitutional jurisdiction in view of Article 225 of the Constitution. [p. 140] A

Ghulam Mustafa Jatoi v. Additional District & Sessions Judge/Returnsing Officer, N.A. 158, Naushero Feroze and other 1994 SCMR 1299 and Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396 rel.

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