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MALIK IQBAL AHMAD LANGRIAL, EX-MPA versus THE STATE

ection Sections 78 (3) (d), 82 and 94 - Criminal Procedure (V of 1898), Sections 4 (h), 190 and 193 - Falsification of filing false declaration by candidate off - Private complaint - Sessions Judge , Jurisdiction - The applicant was accused of filing a false declaration at the time of filing nomination papers and was summoned by the Sessions Judge petition The petition was taken by the petitioner that the Election Commission's Court of Session Judge I cannot file a complaint directly. lection The Election Commission or its designee may file a complaint under Section 94 of the Representation of Representation Act, 1976, in relation to an offense identified under Section 82 of the Representation People Act 1976 - please make such complaint to the Sessions Judge Had the jurisdiction to maintain the right. Or invalidated jurisdiction in the orders passed by the Sessions Judge circumstances The constitutional petition was excluded in the circumstances [p 689] A

P L D 2017 Lahore 683

Before Shahid Karim and Muzamil Akhtar Shabir, JJ

Malik IQBAL AHMAD LANGRIAL, EX-MPA—Petitioner

versus

THE STATE and another—Respondents

Writ Petition No.5938-Q of 2013, heard on 6th February, 2017. .

Representation of the People Act (LXXXV of 1976)—

—S. 78(3)(d), 82 & 94—Criminal Procedure Code (V of 1898), Ss. 4(h), 190 & 193—Filing of false declaration by candidate— Cognizance of offence—Private complaint—Sessions judge, jurisdiction of—Petitioner was accused of filing false declaration at the time of submission of his nomination papers and he was summoned by Sessions Judge—Plea raised by petitioner was that complaint could not be filed by Election Commission directly in the Court of Sessions Judge— Validity—Election Commission or his nominee, in respect of cognizable offence under S.82 of Representation of the People Act, 1976, could file complaint under S.94 Of Representation of the people Act, 1976— Sessions Judge had the jurisdiction to directly entertain such cdmplaint—No illegality or erroneous exercise of jurisdiction was pointed out in the orders passed by Sessions Judge—Constitutional petition was dismissed in circumstances. [p. 689] A

Mian Najibuddin Oawaisi v. Aamir Yar and others PLD 2011 SC 1 rel.

Rana Muhammad Asif Saeed for Petitioner.

Muhammad Shahid Khan Sherwani for Respondent No.2.

Date of hearing: 6th February, 2017.

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