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FAROOQ YOUSAF GHURKI versus FEDERATION OF PAKISTAN

ections Sections 78 (3) (4), 82 and 94 (1) rupt Corruption practice off confession election Cancellation of election results - Applicant contested election for Member Provincial Assembly and was declared a candidate - Election Commission The applicant's BA degree was declared a fake, therefore, his choice was declared invalid and a criminal complaint was filed against him petition The petition submitted by the petitioner was that of the applicant as a member. The member was elected, therefore, there is a lack of jurisdiction to investigate the allegations against the Election Commission. This - justification - the Election Commission lacked jurisdiction because it initiated proceedings against the applicant in compliance with the directions of the Supreme Court ?? Criminal proceedings against the applicant when he obtained the BA degree. Was ordered to start - there is no limit to start with the commission of crimes found in terms of section 82 of the Criminal Procedure Representation Act, 1976, against any accused of any identifiable offense during the Election Commission. Petition petition petitioner has collected enough material / evidence sufficient to connect the applicant. The PRO action against the Commission was under a mandate given by the Supreme Court. No legal or legal error could be found in the order demanding the intervention of the High Court in the exercise of constitutional jurisdiction - the constitutional petition was rejected in the circumstances [pp. 163, 164] A, B & C.

PLD 2017 Lahore 159

Before Muhammad Farrukh Irfan Khan, J

FAROOQ YOUSAF GHURKI—Petitioner

versus

FEDERATION OF PAKISTAN and others—Respondents

Writ Petition No.24409 of 2016, decided on 22nd July, 2016. Representation of the People Act

—Ss. 78(3)(4), 82 & 94(1)—Corrupt practice—Cognizance of offence—Cancellation of election result— Petitioner contested election for Member Provincial Assembly and was declared returned candidate—Election Commission declared B.A. degree of petitioner as forged, therefore, his election was declared void and criminal complaint against him was filed—Plea raised by petitioner was that tenure of Provincial Assembly of which petitioner was elected as a Member completed its term, therefore, Election Commission lacked jurisdiction to investigate allegations levelled against him—Validity— Election Commission did not lack jurisdiction as it had started action against petitioner in compliance with the directions of Supreme Court—When B.A. degree of petitioner was found bogus criminal proceedings were ordered to be initiated against him—No limitation existed for initiation of criminal proceedings against any accused of a cognizable offence—Election Commission, during thorough investigation, collected sufficient incriminating material/evidence to connect petitioner with commission of offence falling within the mischief of S.82 of Representation of the People Act, 1976—Action taken by Election Commission against petitioner was within the mandate given by Supreme Court—High Court did not find any legal or jurisdictional defect in the order calling for interference by High Court in exercise of constitutional jurisdiction—Constitutional petition was dismissed in circumstances. [pp. 163, 164] A, B & C

Muhammad Rizwan Gill v Nadia Aziz and others PLD 2010 SC 828 and Muhammad Fiaz Khan v. Ajmer Khan and another 2010 SCMR 105 ref.

Ms. Shabina Riaz Khan v. Federation of Pakistan and others 2016 CLC 458 distinguished.

Muhammad Umer Riaz, Advocate.

female advocates from Pasni lawyer