Law:

Section:

Election Act, 2017-- ----Ss. 112, 133 & 156--Senate (Election) Act, 1975, Ss. 13(5)(6)--Submission of nomination papers--Nomination papers were rejected--Appeal against rejection--Allowed--Petitioner who was either objector nor field appeal before tribunal to implead him as party--Appeal filed by respondent seeking right of audience--Decline right of audience--Appeal was allowed--Maintainability--Holistic reading of Section 113 of Act makes abundantly clear that a candidate who is not an objector to nomination paper during scrutiny cannot file appeal against rejection of nomination papers of another candidate--This depicts scheme of law under Act, that unless a candidate appeared at time of scrutiny and object to nomination papers of another candidate, he cannot be aggrieved of acceptance or rejection of nomination papers of said candidate. Constitution of Pakistan, 1973-- ----Arts. 199(1)(a) & 225--Election Act, 2017, S. 156--Election proceedings--Aggrieved party--Question of--Whether third party who is just an informer can file constitutional petition against acceptance of nomination papers--Locus standi--Under Article 199(1)(a) of Constitution, only an aggrieved party can approach this Court--Petitioner who was not an objector to nomination papers of Respondent No. 4 cannot be treated as aggrieved party against acceptance of nomination papers of Respondent No. 4, specially when petitioner own nomination papers are already accepted and not affected at all in any manner by impugned passed by Tribunal--A person who is not an objector during scrutiny of nomination papers but only wants to passed on some information will not be an aggrieved party against acceptance of nomination papers of another candidate, unless through impugned order, he has been disfranchised or any of his own right has been affected--In present case, neither petitioner has been disfranchised through impugned order nor his right to contest election has been affected in any manner--Therefore, having not filed any objection to nomination papers of Respondent No. 4, petitioner cannot be treated as aggrieved person--When neither petitioner is disfranchised nor any of his right to contest…

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