Law: Elections Act, 2017

Section: 10,233,234

Law: Constitution of Pakistan, 1973

Section: 199,10A,4

(a) Administration of justice--- ----When law required something to be done in a particular manner, the same had to be done in such manner so prescribed and not otherwise, and any deviation from the same constituted patent illegality. (b) Elections Act (XXXIII of 2017)--- ----Ss. 234, 233 & 10---Constitution of Pakistan, Arts. 199, 10A & 4---Code of Conduct for General Elections, Cl. 27---Monitoring of Election Compaigns---Violation of Code of Conduct---Punitive action against nominated candidate for violation of Code of Conduct---Adjudication of violation of Code of Conduct---Right to fair trial and due process of law---Right to be dealt in accordance with law---Scope---Election laws, more particularly disqualification provisions to disenfranchise a candidate, thus depriving such candidate of valuable right of franchise guaranteed under the Constitution, were to be strictly construed---Any ambiguity was to be resolved in favour of the candidate, who could be permitted to participate in the electoral process and benefit of doubt had to be given to such a candidate---Extreme punitive action of disqualifying a candidate taken in violation of the provisions of Arts. 4 & 10A of the Constitution, which otherwise also failed to qualify the standards and tests of fairness and procedural impropriety, could not be allowed. Muhammad Mujtaba Abdullah and another v. Appellate Authority/Additional Sessions Judge, Tehsil Liaquatpur District Rahim Yar Khan and others 2016 SCMR 893 and Bashir Ahmed Halepoto v. Election Commission of Pakistan through Chief Election Commission, Islamabad and 2 others PLD 2018 Sindh 346 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD SAJID MEHMOOD SETHI, J.- 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…

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