Article 199 (i)(b)(ii): LHC holds petitions against MNAs, MPAs maintainable

A Lahore High Court full bench here on Friday while dismissing petitions of several parliamentarians challenging the court jurisdiction to hear "quo warranto petitions observed that parliamentarians are the chosen representatives who exercise a sovereign legislative power of the state leaving no room for any doubt that they hold a public office therefore petitions against them under article 199(i)(b)(ii) are maintainable and can be entertained by the court.
The bench further observed that if a person is repository of even a fragment of the sovereign power of the state, legislative, executive or judicial, he shall be deemed to hold a public office. Many citizens had filed the petitions alleging different MNAs and MPAs of possessing fake degrees. And the returned candidates/parliamentarians had objected the jurisdiction of the court to hear these petitions.
The bench observed, it is clear and obvious from the law as laid down by the apex court that an election petition and a writ of quo warranto are two distinct independent remedies. The election petition is in respect of the validity of the election while the quo warranto petition pertains to the title of the office. The election petition deals with the disputes about the private rights of two individuals to hold the same office and primarily relates to corrupt or illegal practices or illegal acts allegedly perpetuated in election process.
While the writ or quo warranto deals with the right of a person to hold such office, in context of any disqualification or lack of qualification that may have existed prior to assumption of such office, judgement says. The LHC Chief Justice had constituted a full bench to decide whether or not the court have jurisdiction to entertain the quo warranto petition under article 199(i)(b)(ii) of the constitution questioning the holding of office by a member of parliament.
The counsel for petitioners contended before the bench that article 199(i)(b)(ii) confers a right to any person to file a writ of quo warranto. But the right to file an election petition under the representation of peoples act 1976, is limited to defeated candidate only. They argued that the article 225 is not attracted in this case as member of parliament is a public office, therefore, petitions under article 199(i)(b)(ii) are maintainable.