CHAUDHRY KHUSH AKHTAR SUBHANI versus RETURNING OFFICER
Section (99 (1A) (k)) was filed by the candidate claiming disqualification on the charge of being a candidate for public service. There was a lack of any document in the service record that could be declared or resigned. Letter of tender or resignation did not mean termination of service of a civil servant. For this to be effective, acceptance by a competent authority, civil / government employee, was required. A public servant approved by the authority will continue in his service and will be responsible for performing his duties. If he fails to perform his duties without a contract, he will be considered absent and will be liable for disciplinary action. There is no order or document available on the record that reflects this resignation, if any So, submitted by the candidate accepted by the competent authority, it was held by the High Court that at the time of filing the nomination papers, in the circumstances the candidate was a public servant and, thus, had failed to contest the election rules.
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