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Decided on 27th April, 1987.

‑‑‑S. 5(3)(a)‑‑Azad Jammu and Kashmir Council, Press and Publication (Adaption) Act (VI of 1979), Ss. 3 & 53‑‑Non‑submission of Political Party's manifesto to Election Commission‑‑‑ Notice to defaulting Political Party‑‑Manifesto of party supplied to Election Commission in pursuance of notice whether in accordance with legal requirement‑‑Printed copy of manifesto neither disclosing name of printer, nor place of printing or date of publication thereof‑‑Effect‑‑Non‑observance of legal requirements not being accidental but deliberate, and such manifesto not providing therein for periodic election of office‑bearer's which was a mandatory requirement, impression gained was that defaulting Political Party was more or less a paper party with no grass roots‑ Declaration granted to such political party "to participate in an election to a seat in the Legislative Assembly and nominate or put up a candidate at any such election", was revoked by the Chief Election Commissioner‑‑Revocation of such declaration, held, would not, however, affect the corpus of the party.

S. M. Zafar for Applicant.

On 12‑10‑1979, Jammu and Kashmir State Muslim League was declared eligible vide section 6(4) of the AJ &K Political Parties Ordinance, "to participate in an election to a seat in the Legislative Assembly and nominate or put up a candidate at any such election." The party was not formally registered under section 5 of the Ordinance nor there was any application in that behalf.

2. The declaration was made on an application made by Mr. S.M. Zafar Advocate, founder, convenor and the party's first President. With the application were filed photo copies of partially printed copy of the party's foundation document (manifesto) and the manuscript of its remainder portion, besides other relevant documents including the statements of accounts and finances. Mr. Zafar explained that the printing press where the manifesto had been given for printing was closed for the day and that he would file complete copy of the printed manifesto later. Because of the impending general election then scheduled for 19‑11‑1979, for which nominations were already being filed and the scrutiny of the nomination was to take place on 13‑10‑1979, the declaration was granted and Mr. Zafar was allowed to file printed copy of the manifesto later.

3. At it happened on 17‑10‑1979, that is to say, on the last day for filing appeals against the orders of the Returning Officer made in the course of proceedings for scrutiny, as a sequel to the President's Proclamation under section 53‑A of the Interim Constitution, which inter alia, required the holding of general election to the AJ & K Legislative Assembly within ten days after the general elections in Pakistan. The general election scheduled for 19‑11‑1979, stood postponed sine die following postponement of general elections in Pakistan.

4. With this unexpected turn of events, there was relapse in all political activity in the State, save the ritual of filing statements of accounts and finances by the parties for annual audit, which at times appeared an idle exercise when a political party filed nil report because of suspension of political activity.

5. In this state of political hibernation printed copy of the party's manifesto was not filed in this case nor any requisition was issued to the party's office‑bearers. At long last, there was thaw in the long spell of political hibernation and general election was held in May, 1985. The accounts for the year 1985‑86 filed on behalf of the State Muslim League were found to be in order. But the party's failure to file printed copy of the manifesto, all these years, was also noticed.

6. Accordingly, following a notice issued to him, Mr. Zafar appeared on 30‑10‑1985 to say whether the party had, published its manifesto, for its printed copy had not been placed on the file To a further query, Mr. Zafar, though continued to be party's President since its inception, could not say about the normal term of the President. He was also evasive as to whether he had been re‑elected for the second term He, however, referred to the party's general meeting in April, 1985 which was convened to take a policy decision that the party would boycott the general election to register its protest against the retrogressive amendments in election laws on the eve of the general election. On being asked so to do, Mr. Zafar undertook to produce printed copy of the manifesto and the party's minutes book by the next hearing which was fixed for 17‑10‑1985. But it was not until 6‑3‑1986, when Mr. Zafar handed over the minutes book to the Deputy Election Commissioner‑II, in Camp Office at Rawalpindi. Printed copy of the manifesto was despatched later from Muzaffarabad by registered post on 20‑3‑1986.

7. After perusal of the printed copy of the manifesto and minutes book, which appeared dubious though it tended to show that Mr. Zafar was re‑elected for second term, notices were issued to him and party's Secretary‑General to show cause why the declaration dated 12‑10‑1979, in the Party's favour be not revoked because‑‑‑

(i) the minutes book was ex facie fictitious and, therefore, there has been no re‑election of the President; and

(ii) there are material discrepencies in the printed copy of the manifesto and the manifesto originally filed on the basis of which the declaration was granted, without there being any proper amendments

8. On 4‑1‑1987, Mr. Zafar appeared and requested for adjournment of the proceedings to enable him to file written statement, which he could not do because the party's Secretary‑General had met an accident. The request was allowed. Mr. Zafar was also directed to file any supporting evidence on or before 21‑1‑1987, and that the arguments in the case would be heard on 4‑2‑1987, at Muzaffarabad. The date for argument was later put off to 26‑2‑1987 for Muzaffarabad.

9. In the meantime on 28‑1‑1987, Mr. Zafar filed what purports to be written statement to show cause but without any supporting document. It did not directly answer the two points about which the notice had been issued except making a bald statement that every requirement had been fully complied with. We also vexed eloquent about the party's illustrious lineage with the Quaid‑e‑Azam's Muslim League of the yore, which per se entitled the party to a favoured treatment. He also made a grievance about the hostile attitude of the Election Commission generally and of the Chief Election Commissioner in particular towards the party. He also referred to certain anonymous hostile elements operating in and outside the State against him as the president of State Muslim League, because of the party's phenomenal popularity, which had unnerved and caused hostility in them.

Finally the statement contained a veiled threat of bringing the matter to the notice of the President of Pakistan and President of Pakistan Muslim League if the vexation of the party continues like that.

10. On 26‑2‑1987, when the case was to come up for arguments Mr. Zafar took good care not to appear. He informed a Naib‑Qasid sent to call him, that he was busy in connection with the reception being arranged in the press club in honour of the President and that he would direct the party's Vice‑President to appear at 12‑30 p.m. who would be able to answer all the material questions on behalf of the party. Until 1‑30 p.m. neither Zafar nor the Vice‑President appeared. Therefore, these proceedings have to be decided entirely on the basis of what purports to the minutes book and copy of the manifesto.

Because of want of any worthwhile material a fuller description of the so‑called minutes book to demonstrate its fictitious character is necessary.

11. According to its contents, the minutes book purports to be in use of the party's top echelon since May, 1979 to date and yet it is as neat and tidy as if only a few days old. This is in sharp contrast with some of statements in manuscript placed on the file in October, 1979 by Mr. Zafar or Mr. G.M. Laulabi, Vice President and Chairman of the Parliamentary, which to say the least are crude and shabby. On the other hand various minutes, if they can be so described, are scribed in the same good hand with the same ink and with the same pen, throughout, from May, 1979 to the 4th March, 1986.

12. The minutes book can broadly be divided in two parts. The first part from pages 1 to 24, is devoted to record of proceedings of the general meetings held from time or public meetings addressed by the President when on mass contact or goodwill visits at different centres. The minutes are eloquent in chaste Urdu and create the impression of being recorded in one or two sittings, because of the repetition of the same words over and again. However, what is astonishing is nowhere in the minutes except the last at page 24 and that page 6, the dates of the proceedings are recorded. Elsewhere in this part of the register, only the month of the proceedings is recorded. Even at P.14 which records the minute relating to the unanimous re‑election of Mr. Zafar as the party's President for five years term, the minute only refers to the month as June, 1983 without specifying the date, or identifying the person presiding over the meeting convened to re‑elect the President for the second term. The reason for the specific date in the last minute at P.24 is not far to seek. As pointed out already, the minutes book was handed over to D.E.C.‑II in Camp Office on the 6th March, 1986 and it must have been considered prudent to embellish the last minute not only with specific date and strong rhetoric to warn against parochial and clannish activity unless timely action was taken..

13. The minute at P.22 relating to the Working Committee unanimous decision to boycott the May, 1985 general election lets. the provential "cat out of the bag". It purports to have been recorded in March, 1985, plainly to protest against the amendments in the Political Parties Ordinance and the Legislative Assembly (Elections) Ordinance by which the threshold of 12j of national total of votes polled and, 5 of the total votes polled in each district was prescribed, and a political party failing to reach that target was to suffer deregistration and any member elected as nominee of that party was also to lose his seat. The fact of the matter on the other hand is that that these amendments were carried out by Ordinances LXXXV and LXXXVI of 1985, which were brought in force on 9‑4‑1985 after the announcement of the election programme by the Chief Election Commissioner on 6‑4‑1985. Until then and more so in March, 1985 no person had any knowledge or even an inkling of any such amendment being in the offing. Indeed, in March, 1985 there was no occasion of any such Ordinances being promulgated.

14. The second part of the minutes book covers pages 103 to 151 with the relevant index at P.156. These pages record the minutes concerning the observance of annual days of national significance e.g. Quaid‑e‑Azam's death or birth anniversary, Pakistan Day etc. In sharp contrast with the minutes in the first part of the minutes book, these minutes record the respective dates of the proceedings without exception. This difference in the manner of recording the minutes apparently by the same person cannot possibly be explained on any reasonable hypothesis other than that, that as respects these days of national significance, the possibility of any error about the date was wholly excluded, therefore, the dates of the various proceedings are invariably given. But the fact that serial Nos.30 and 31 in the index at P.156 are left blank and there was no occasion for these serial numbers until ceremony had actually taken place, coupled with the wording of the certificate at the foot of the index make the whole thing unreal and colourable. This certificate is wholly out of place and unnatural. Finally, significantly enough, there is no minutes whatever regarding the election of the Vice‑President and the Secretary‑General.

15. Upon the above review of the ambient circumstances, including the general get up and the contents of the so‑called minutes book, I have no manner of doubt that it is out and out fictitious, manipulated only after Mr. Zafar was asked on 30‑10‑1985 to produce the minutes book. That it took him almost five months to produce the minutes book is also a pointer in the same direction. That being so, any reliance upon the minute at P.14 in support of the re‑election of Mr. Zafar will be illusory it being a sheer paper transaction.

16. From the perusal of the printed copy of the manifesto even greater surprises are surfaced. The manifesto is a "Book" within the definition clause of the Press and Publication Ordinance, 1963. The Ordinance has been adapted by the AJ&K Council Press and Publication (Adaption) Act, 1979 (Act VI of 1979) to apply to the State.

By section 3 of the Ordinance, every printer of a book which includes a pamphlet also, is required to give "the name of the printer and the place of printing" and also the name of the publisher, if any. A non‑observation of this requirement is an offence under section 53 of the Ordinance punishable with fine or imprisonment or the both. The printed copy of the manifesto does‑ not disclose the name of the printer or place of printing or the date of the publication. So also about the printed copy of some amendments recently made. This omission cannot be accidental; it plainly deliberate. The inevitable impression is that all these years the manifesto was never placed on the record until Mr. Zafar was directed to do it. The press and place of publication were allowed to remain anonymities to avoid detection of date of printing and publication.

17. ‑ Even more astonishing is the fact that nowhere the printed manifesto provides for periodic election of the party's office‑bearers, which is mandatory vide section 5(3)(a) of Political Parties Ordinance. The only provision in Chapter VI relating to election of the principal office‑bearers is:‑

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18. About the malevolence of the Election Commission and the Chief Election Commissioner or some hidden elements hostile to Mr. Zafar or his claim to donning the mantle of the Quaid‑e‑Azam, these are as childish as they are hollow, and should, therefore, be dismissed as such.

19. Needless to say, that periodic elections are the very core and crux of the democratic system and, therefore, the law insists that political parties should practise these principle in relation to their own organizations, if they aspire to run the Government by peaceful transfer of power, by ballot. In this the party in this case has been utterly lacking. The impression gained is that it is more or less a paper party with no grass roots, tall claims of the party's President notwithstanding. Everything revolves round a few persons.

20. For the foregoing reason I am constrained to revoke the declaration dated 12‑10‑1979, made in favour of the party. Let this be notified in the official Gazette.

21. For the sake of abundant caution it is however, made clear that the revocation of the declaration as aforesaid, will not affect the corpus of the party: it merely countermands the privilege heretofore available to it to nominate candidates for elections to the Legislative Assembly, which in point of fact was never done.

22. The minutes book produced by Mr. Zafar shall remain part of the file for a period of one year after which it will be returnable on application.

A . A ./7/E Declaration revoked.

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