The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per  Saiyed Saeed Ashhad, J

Constitution of Pakistan(1973), Art.185(3)—

 This contention in view of the facts and circumstances of the case, to say the least, is absolutely frivolous and baseless. As a matter of fact it was Peter Gill who had applied to the concerned Political Party for ticket/inclusion of his name in the separate list of candidates for reserved seats meant for non-Muslims. At the same time his son, the petitioner had also applied for a ticket/inclusion of his name. From the facts it transpires that the petitioner had applied for a ticket subject to withdrawal or setting aside the condition of Graduation for contesting National and Provincial Assemblies and in case was not withdrawn or set aside resulting in disqualification of Peter Gill, then he (petitioner) would replace him as a candidate being a Graduate. The fact that both the petitioner and his father had applied for a ticket for a minority seat in Punjab Provincial Assembly is borne out from their applications which have been annexed in the paper book appears at pages 40 and 48. Till the date fixed for filing of nomination papers i.e.26-11-2007the name of petitioner did not appear in the list of the candidates filed in pursuance of Article 8-F of the Order and section 47-A of the Act. After expiry of this date no changes/addition or alteration could have been made in the aforesaid list of candidates and therefore his application dated 1-12-2007, which he claimed to be an application for correction of the name as the name of his father Peter Gill was wrongly and inadvertently mentioned in the list instead of his name, was in effect an application for addition/substitution of his name in place of the name of Peter Gill was not maintainable and the Returning Officer rightly rejected the same. The Election Tribunal did not take into consideration the material facts for deciding the issue involved and fell in error in holding that the above was a case of correction/rectification and not a case of substitution/inclusion of the name of the petitioner. The High Court rightly set aside the order of the Election Tribunal holding that it was a case of substitution/addition of the name in the separate list of candidates for reserved seats for non-Muslim and the same could not have been done after 26-11-2007.[p. 611] A