Law: Representation of the People Act, 1976

Section: 12(1),14,69,76A(1)

Law: Representation of the People (Conduct of Elections) Rules, 1977

Section: 3

Law: Pakistan Penal Code, 1860

Section: 279,337-F

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 14 & 76A(1)---Penal Code (XLV of 1860), Ss. 279 & 337-F---Nomination papers---Returned candidate failing to disclose a pending case of rash driving in his nomination papers---Returned candidate could not be de-seated in terms of S. 76A of the Representation of the People Act, 1976 on account of such non-disclosure as the criminal case was not a very serious offence, being basically a traffic offence---Non-disclosure of a pending case could not be equated with the non-disclosure of a criminal case in which a person had been convicted and one which may entail his disqualification---Returned candidate, in the present case, was thus qualified to contest elections, and was not disqualified because of the pendency of the criminal case---Complainant of the case of rash driving had resiled from his complaint, consequently, the returned candidate was acquitted---At the stage of scrutiny of the returned candidate's Nomination Form no objection was taken regarding the non-disclosure of the said case, and if it had been taken, the returned candidate could have mentioned the same in paragraph 4 of the Nomination Form without any adverse consequences---Returned candidate was not provided with an opportunity to correct his Nomination Form---Pendency of the case in respect of a traffic offence may not be a sufficient reason to dissuade those who had voted for the returned candidate not to have done so---Election of returned candidate could not be declared to be void in such circumstances---Supreme Court declared returned candidate as the elected candidate from the constituency. Sadiq Ali Memon v. Returning Officer, NA-237 2013 SCMR 1246 and Abdul Ghafoor Lehri v. Returning Officer, PB-29 2013 SCMR 1271 distinguished. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 12(1) & 76A(1)---Representation of the People (Conduct of Election) Rules, 1977, R. 3---Nomination papers of returned candidate---Discrepancies/errors in particulars of the seconder---Incorrect Computerized National Identity Card Number (CNIC)---When discrepancies/errors in particulars of the seconder were not substantial in…