Case Details

Citation(s)
2014 SLG 1749 2014 SLD 1749 2014 CLC 1076
Lahore High Court
Election Appeal No.1-A of 2014, decision dated: 30-04-2014.
ABDUS SATTAR ASGHAR AND MUHAMMAD ANWAARUL HAQ, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUHAMMAD ADNAN

VS

RETURNING OFFICER, PP-136, NAROWAL and others

Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 99(1-A)(l), 77 & 14 ---Constitution of Pakistan, Art.63(1)(o)---Disqualification from being elected member of an Assembly---"Government dues"---Scope---Defaulter of costs of an election petition---Nomination papers of such defaulter could not be rejected on the ground of non-payment of costs of election petition---Costs of election petition being a personal financial obligation of a petitioner did not fall within the ambit of "Government dues" or "public exchequer". (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 99(1-A)(l) & 14 ---Disqualification from being elected member of an Assembly---Illegal and corrupt practices by Returning Officers during the elections---Whether such practices by Returning Officers would disqualify the returned candidate from contesting in by-elections---Acceptance of nomination papers, objection against---Election of returned candidate/respondent was declared null and void by the Election Tribunal due to illegal and corrupt practices committed by Returning Officers during the election---Subsequently by-elections were held in the same constituency for which returned candidate/ respondent again filed his nomination papers---Plea of appellant-objector that findings of Election Tribunal regarding illegal practices during the general elections were sufficient to disqualify returned candidate/respondent from contesting the by-elections---Validity---Election Tribunal had not found the returned candidate directly responsible for any illegal and corrupt practices, rather being beneficiary of the same, declared that he was bound to face the legal consequences of illegal and corrupt practices of State functionaries (i.e. Returning Officers)---Candidature of returned candidate for by-elections, thus, did not suffer from disqualification under S.99(1-A)(l) of Representation of the People Act, 1976---Objection against acceptance of returned candidate's nomination papers was unfounded and untenable in circumstances---Appeal was dismissed accordingly. Rana Zia ur Rehman and Ms Misbah Serwar for the Appellant. ORDER This appeal under section 14(5) of the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492