Pakistan

Article 62 not applicable to Punjab LG members: SC

A thee-judge bench of the apex court issued a judgment over a plea filed by ex-MNA Zahid Iqbal

Hasnaat Malik January 09, 2016

Supreme Court. PHOTO: EXPRESS/FILE

ISLAMABAD: The Supreme Court has declared that the terms sagacious, righteous, honest and ameen within the contemplation of Clause (f) of Article 62 of the Constitution cannot attract for the qualification or disqualification of the elected members of local governments (LG) in Punjab.

A thee-judge bench of the apex court, headed by Justice Mushir Alam, has issued a judgment over a plea of ex-MNA Zahid Iqbal against Lahore High Court’s verdict, wherein it was declared that he was disqualified by the top court in 2012 for holding dual-nationality in terms of Article 63(1)(c) of the Constitution.

Justice Mushir, while authoring the nine-page judgment, has held that no disqualification within the contemplation of Article 62 and or 63 attracted by implication or by reference adopted within the fold of Section 27 of the Punjab Local Government Act 2013.

Regarding the contention of the counsel for the respondent that Zahid Iqbal has made a false declaration, therefore, he is not a sagacious, righteous, honest and ameen person within the contemplation of clause (f) of Article 62 of the Constitution and when he is not qualified to be elected or chosen as a Member of Majlis-e-Shoora (Parliament) he cannot be chosen or elected to hold an elected office of local government, the order says that this “contention on the face of it is preposterous and cannot be sustained.”

Published in The Express Tribune, January 10^th, 2016.

COMMENTS (2)

ishrat salim | 8 years ago | Reply Both these contentious articles 62 & 63 in its entirety must be removed from the constitution as per the interpretation of the SC. Since this clause is not applicable on big brother ( Punjab ), younger brothers ( other 3 provinces ) must not be left behind, because, SC has now realized that it is not a big deal to lie, give false statement, being dishonest, being an accused in any criminal case, does not pay taxes or electricity & gas bills, people having fake degrees & come to parliament with all these qualities, all these are normal, YAR! the majority of people falls under article 62 & 63 & if applied, no one will ever get elected, so, is it not better to revoke these 2 articles ?

syed & syed | 8 years ago | Reply What a cruel judgement. A person having dual nationalities cannot take part in National and Provencal assemblies. If declares other wise he must be disqualified. Interestingly i could not see a pious,righteous and ameen in our assemblies baring a microscopic presence under article 62

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