Law: Elections Act, 2017

Section: 64,170(a)(v),234

Law: Constitution of Pakistan, 1973

Section: 4,10-A,199

Election Act, 2017-- ----Ss. 64, 170(a)(v) & 234--Constitution of Pakistan, 1973, Art. 199--Constitutional--Petition--Nomination papers accepted and validly declared as nominated contesting candidate--Complaint regarding displaying photographs of Hon'ble Chief Justice of Pakistan and Chief of Army Staff--ECP disqualify as candidate--No procedure under Section 234 of Election Act, 2017 was adopted--No summary enquiry conduct--No report of monitoring team forwarded to ECP--No procedure prescribed adopted--Petition allowed. Election Act, 2017-- ----S. 234--Monitoring of Election compaign--Report of violation--Officer could impose fine, after holding a summary Enquiry, found guilty of commission of reported violation, refer matter to ECP for initiating proceedings. Constitution of Pakistan, 1973-- ----Art. 4 & 10-A--Any ambiguity is to be resolved in favour of candidate, who could be permitted to participate in Electoral process and benefit of doubt has to be given to candidate. THIS JUDGMENT DELIVERED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE- Through instant petition, petitioner has assailed order dated 09.07.2018, passed by Respondent No. 1/Election Commission of Pakistan ("ECP"), in the complaint filed by Respondent No. 3, whereby petitioner has been disqualified from contesting General Elections, 2018 from PP-53, Gujranwala-III. 2. Brief facts of the case are that petitioner is a validly nominated contesting candidate from PP-53, Gujranwala-III, as per the list of validly nominated candidates issued under Section 64 of the Elections Act, 2017 ("the Act of 2017"). On the basis of a complaint/application, filed by Respondent No. 3, notice was issued to petitioner on 29.06.2018, alleging violation of the Code of Conduct ("the COC") regarding General Elections, 2018 for displaying the photographs of the Hon'ble Chief Justice of Pakistan as well as the Chief of Army Staff on the banner upon a billboard. Petitioner submitted reply to the said notice. Respondent-ECP, after hearing arguments, proceeded to disqualify the petitioner from contesting General Elections, 2018 from the aforesaid constituency vide order dated 09.07.2018. Hence, this constitutional…

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