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October 21, 2005 Friday Ramzan 16, 1426

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Court directs filing of comments in ex-MNA’s case


ISLAMABAD, Oct 20: A two-member bench of the Supreme Court on Thursday directed the Attorney General for Pakistan and Advocate General Punjab to submit comments in Ghazanfar Gull case within four weeks.

Deputy Attorney General for Pakistan and Advocate General Punjab appeared before the court on notice and requested granting more time to submit written comments in the petition filed by Barrister Ghazanfar Ali Gull, who also appeared before the court.

The apex court bench, comprising Chief Justice Iftikhar Muhammad Chaudhry and Justice Hamid Ali Mirza, heard the case and adjourned it till next month. The next date of hearing would be fixed later on.

It’s a very important constitutional matter and we will look into it in detail, the bench observed.

In his petition filed under Article 185 (3) of the Constitution, ex-MNA Ghazanfar Gull, said, “Whether a person elected as member of a union council can exercise his right to vote in the election of zila nazims, town/tehsil nazims and special interest seats without first taking oath of his office.

“Whether it is not essential for a person elected under the Punjab Local Government Ordinance-2001 to take oath and that a person shall be deemed to have entered his office only then.”

The petitioner has made chief election commissioner, the district returning officer/district and sessions judge, Gujrat, returning officer/additional district and sessions judge, zila council, Gujrat, Ch Shafaat Hussain and Tahir-ul-Mulk as respondents in the case.

It may be recalled that a judge of Lahore High Court, Syed Shabbir Raza Rizvi, had already given a judgment in this regard.

Chief Justice Lahore High Court Justice Iftikhar Hussain had heard the case on September 30 and did not upheld the judgment earlier given by Justice Syed Shabbir Raza Rizvi. - APP



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