MOULANA AGHA MUHAMMAD versus RETURNING OFFICER, NA 261 PISHIN CUM ZIARAT
Article 14 (3) Constitution of Pakistan, Article 185 (1) Preventing a successful candidate from taking the oath of office as a member of the National Assembly until the decision of his appeal is upheld by the Supreme Court jurisdictional candidate (appeal). Nominee) nomination was rejected. The appeal of the Returning Officer filed by the candidate against the order of the Election Tribunal was dismissed, the constitutional petition filed by the candidate against the Election Tribunal order was also dismissed, the High Court candidate appealed before the Supreme Court. Had filed a civil petition for leave, which was allowed and the leave of appeal was granted and the order of the Returning Officer, the Election Tribunal and the High Court was suspended, the candidate contested the election and was declared successful. And a notification was issued in favor of it (Election Commission of Pakistan) Valid from) the spread election result was subject to pending appeal before the Supreme Court, therefore, in the interest of justice Supreme Court refused to take the oath of office to the candidate MNA
