Civil Appeal No.188 of 2019
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a declaration of dishonesty and impose the penalty of lifetime
disqualification. It has been held that unless dishonesty is
established in appropriate judicial proceedings, Article 62(1)(f)
of the Constitution cannot be invoked to disqualify an elected
member for life. In the same vein, in the case of Malik Shakeel
Awan (ibid), while summing up the law on this aspect of the
matter, Sh. Azmat Saeed, J (in his majority opinion) held as
follows:
“3.
Even otherwise, the present lis pertains to the validity
of a judgment of the Election Tribunal challenged through the
instant appeal under Section 67(3) of the Representation of
the People Act, 1976 (RoPA) while through the question
raised a very wide net has been cast encompassing also the
jurisdiction of this Court under Article 184(3) of the
Constitution of the Islamic Republic of Pakistan, 1973 as well
as the impact of various provisions relating to qualifications
and disqualifications of Members of the Parliament and the
Provincial Assemblies. Several of the questions raised
obviously do not arise at the lis at hand, while the other have
been answered definitively by this Court in its various
judgments.
4.
In our legal system, law evolves brick by brick and
from judgment to judgment. If the judgments pertaining to
electoral disputes rendered by this Court are carefully read,
objectively understood and the ratio thereof correctly
identified, it would be clear and obvious that principles of
law, in this behalf, appear to have been settled and
consistently applied to the facts of each individual case. The
difference in outcome, if any, is the result of difference in the
facts of each case. Such principles of law do not require any
further clarification on hypothetical considerations. The
confusion, if any, is not in the judgments.
5.
This Court, for that matter any court, seized of a lis is
required to decide the same rather than to embark upon an
academic exercise. We cannot shy away from adjudicating
upon the lis that comes before the Court without attempting
to ascertain and identify the principles of law as developed
through the interpretative process of the previous judgments
of this Court and apply the same to the facts of the case.”
17.
Therefore, we have no hesitation in holding and
reaffirming that this Court is indeed also a “Court of Law”
which can issue a “declaration” within the purview of Article
62(1)(f) of the Constitution. Any other interpretation would be
absurd and illogical. It would amount to holding that this
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