Law: Elections Act, 2017

Section: 60,62,63

Law: Constitution of Pakistan, 1973

Section: 62,62(1)(f),63,199

(a) Elections Act (XXXIII of 2017)--- ----Ss. 60 & 62---Nomination for Elections---Qualifications and disqualifications for membership of Majlis-e-Shoora (Parliament)---Scrutiny of nomination papers---Scope---Non disclosure of a fact by candidate, which otherwise if disclosed, could not debar said candidate from contesting elections; could not be made a ground to preclude such candidate from contesting the election. Imran Ahmad Khan Niazi v. Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan/Member National Assembly, Prime Minister's House, Islamabad and 9 others PLD 2017 SC 265 rel. (b) Elections Act (XXXIII of 2017)--- ----Ss. 60, 62 & 63---Constitution of Pakistan, Arts. 62, 63 & 199---Nomination for Election---Qualifications and disqualifications for membership of Majlis-e-Shoora (Parliament)---Scrutiny of nomination papers---Factual probe in summary proceedings---Constitutional jurisdiction of High Court---Scope---Question whether declaration/ statements of a candidate in nomination papers were false or incorrect in any material particular could not be ascertained without carrying out a factual probe; which exercise could not be undertaken in the Constitutional jurisdiction of High Court and could not have been gone through by Returning Officer or Appellate Tribunal in summary jurisdiction. Rai Hassan Nawaz v. The Election Commission of Pakistan and others 2013 CLC 1101 rel. Muhammad Afzal Khan Dhandla and 3 others v. Election Tribunal and others PLD 2010 SC 959; Muhammad Mujtaba Abdullah and another v. Appellate Authority/Additional Sessions Judge Tehsil Liaquatpur District Rahim Yar Khan and others 2016 SCMR 893, Murad Bux v. Kareem Bux and others 2016 SCMR 2042; Sami Ullah Baloch and others v. Abdul Karim Nousherwani and others PLD 2018 SC 405; Gohar Nawaz Sindhu v. Mian Muhammad Nawaz Sharif and others PLD 2014 Lah. 670 and Muzafar Abbas v. Maulana Muhammad Ahmad Ludhianvi and 31 others PLD 2017 Lah. 394 ref. (c) Elections Act (XXXIII of 2017)--- ----Ss. 63, 62 & 60---Constitution of Pakistan, Art. 62(1)(f)---Nomination for elections---Scrutiny of nomination papers---Appeal against scrutiny order---Qualifications for membership of…

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