Law: Elections Act, 2017

Section: 62,63

Law: Constitution of Pakistan, 1973

Section: 62(1)(f)

Elections Act (XXXIII of 2017)--- ----Ss.62 & 63---Constitution of Pakistan, Art.62(1)(f)---Qualification for membership of Parliament (Majlis-e-Shoora)---Rejection of nomination papers---Scope---Nomination papers of candidate were rejected on the ground that in an earlier round of litigation Election Tribunal had declared him ineligible to contest the elections---Contention of respondents was that ineligibility of candidate was perpetual in nature and could not come to an end by efflux of time---Validity---Unless a declaration in positive language contemplated by Art.62(1)(f) of the Constitution was given by a Court, it could not be inferred that candidate was not sagacious, righteous, non-profligate, honest and ameen---Only a declaration under Art.62(1)(f) of the Constitution operated in perpetuality precluding a candidate from contesting any future elections---Constitutional petition was allowed, impugned order of Election Tribunal was set-aside, and direction was issued to Returning Officer to include the name of the candidate in the list of eligible candidates. Sami Ullah Blaoch and others v. Abdul Karim Nousherwani and others PLD 2018 SC 405 distinguished. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE---.--- This writ petition calls into question order dated 26.06.2018 passed by the learned Appellate Tribunal whereby election appeal filed by respondent No.5 was allowed and nomination papers of the petitioner were rejected. 2. Learned counsel for the petitioner has sent a written request for adjournment as he is stated to be busy before the Hon'ble Supreme Court. We are not inclined to adjourn this case and propose to decide the same on the basis of the available record. 3. The perusal of the impugned order shows that the nomination papers of petitioner were rejected on the ground that in an earlier round of litigation the learned Appellate Tribunal on 11.12.2007 declared the provisional certificate of BA submitted by the petitioner to be fabricated thus holding him ineligible to contest the elections. 4. Learned counsel for respondent No.5 submits that the ineligibility…

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