Case Details

Citation(s)
2018 SLG 1654 2018 SLD 1654 2018 PLD 678
Supreme Court of Pakistan
Civil Appeals Nos. 56-L and 57-L of 2018, Civil Misc. Application No. 1503-L of 2018 in Civil Misc. Application No. 64-L of 2013 in Constitution Petition No. 87 of 2011, Civil Misc. Application No. 4823 of 2018 in C.P. Nil of 2018, Civil Misc. Application
SH. AZMAT SAEED, JUSTICE, MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Shahid Hamid, Senior Advocate Supreme Court for Appellant(s) (in C.A. No.56-L of 2018). Rana M. Ibrahim Satti, Senior Advocate Supreme Court for Appellant(s) ((in C.A. No.57-L of 2018). Mirza Mahmood Ahmad, Advocate Supreme Court (in CMA No.1503-L of 20

SPEAKER, NATIONAL ASSEMBLY OF PAKISTAN, ISLAMABAD AND OTHERS

VS

HABIB AKRAM AND OTHERS

Law:

Section:

Elections Act (XXXIII of 2017)--- ----S. 60(2)---Representation of the People Act (LXXXV of 1976) S.12(2) [since repealed]---General Elections, 2018---Nomination forms/papers for candidates of the National Assembly and Provincial Assemblies issued in terms of Elections Act, 2017 and the omissions therein when compared with the such nomination forms issued in terms of Representation of the People Act, 1976 [since repealed]---Lack of information about candidates---Affidavit to be submitted along with nomination papers disclosing requisite information omitted by the Elections Act, 2017---Information omitted from the Nomination Papers and Form A & B, as issued in terms of Elections Act, 2017, when examined in juxtaposition with the requirement of the nomination forms previously in vogue under the Representation of the People Act, 1976 (since repealed), it appeared that the information, no longer required to be disclosed, prima facie, would facilitate the determination of the qualification or disqualification of a candidate and would lead to greater transparency regarding the credentials of a candidate facilitating the electorate in making a more informative choice---Election Commission on directions of the Supreme Court prepared draft of an affidavit that was to be submitted by a candidate disclosing the requisiteinformation omitted in the nomination forms by the Election Act, 2017---After perusal of the said affidavit Supreme Court directed that all candidates of the National and Provincial Assemblies shall file the said affidavit along with their nomination papers; that candidates who had already filed their nomination papers, shall file the said affidavit with the Returning Officers by or before 11th June, 2018; that failure to file such affidavit before the Returning Officer would render the nomination papers incomplete and liable to rejection; that if the affidavit or any part thereof was found false then it shall have consequences, as contemplated by the Constitution and the law, and that since the affidavit was required to be filed in pursuance of the orders of the Supreme Court, therefore, if any false statement was made therein, it would also entail…
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