MUHAMMAD NADEEM versus MUHAMMAD MUMTAZ AKHTER KAHLOON
Sections 14 and 12 of the Constitution of Pakistan, Arts 63 (1) (d) (E) and 63 (1) (K) are ineligible for membership of the Majlis Shura (Parliament) in the service of Pakistan and / or a governmental body scope appellants. The defendants, in their sole ownership or control of them, withheld the acceptance of the nomination papers on the basis that the defendant was appointed chairman of the National Vocational and Technical Training Commission (\ NAVTTV \), the law firm and wholly Is owned or controlled by the Government, and therefore disqualified to be elected or elected as a member of the Council under sub-articles (d), (e) and (k) of Article 63 of the Constitution was found. To determine whether a person was in the service of Pakistan and / or in the service of an entity that was wholly owned or controlled by the government, that person was a subordinate to the body appointed to the office. There was a decisive factor in the removal and dismissal of the POW officer, there was also the deciding factor; in the present case the Government of Pakistan was appointed to the post of question, and his resignation was accepted by the Government. Therefore, Pakistan can be safely construed as being in the service of Pakistan and / or the Government of Pakistan wholly owned or in possession of any person who has been given the decision in this section, section 63 (1). Under the provisions of (k), the respondents' resignation was accepted on the date of notification to enable such person to terminate his services after the expiry of two years. , Which was 12 4 2013, so the respondents' candidates were affected by the provisions of Articles 63 (1) (d) and 63 (1) (e) of the Constitution High Court.
Related judgments — Lahore High Court Lahore, 2013
