Law: Elections Act, 2017

Section: 62(2)

Law: Constitution of Pakistan, 1973

Section: 225

Elections Act (XXXIII of 2017)--- ----S. 62(2)---Constitution of Pakistan, Art. 225---Constitutional petition---Election for the seat of Member National Assembly---Nomination papers, filing of---Objections---Returning Officer accepted nomination papers of the candidate---Contention of petitioner was that candidate had concealed assets in the name of his spouse---Validity---Candidate had mentioned assets and liabilities in the nomination papers as well as in the affidavit---No material concealment or mis-statement in the nomination papers had been established---Petitioner had failed to file objections before Returning Officer against nomination papers of the candidate---Process of election was in progress---High Court declined to interfere with the election process without any legal justification---Election Tribunal had rightly dismissed the appeal of the petitioner---Constitutional petition was dismissed, in circumstances. Ghulam Mustafa Jatoi v. Additional Sessions Judge 1994 SCMR 1299 and Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396 rel. THIS JUDGMENT DELIVERED BY: NAIMATULLAH PHULPOTO, J.--- The petitioner, namely Muhammad Qasim Kandhro, has invoked the jurisdiction of this Court Under Article 199 of the Constitution of Islamic Republic of Islamic Republic of Pakistan, 1973 (hereinafter referred to as the "Constitution") challenging the order passed by learned Election Tribunal at Sukkur, dated 27.6.2018 in Election Appeal No.113 of 2018, whereby Appeal filed by petitioner was dismissed. 2. Notices were issued against the respondents as well as learned D.A.G. 3. Brief facts leading to the filing of the instant petition are that respondent No.1 Syed Khurshed Ahmed Shah filed his nomination paper before Returning Officer NA-206 Sukkur-I for contesting the General Elections, 2018. Returning Officer after scrutiny of paper vide his order dated 14.06.2018, accepted the nomination paper. Petitioner preferred appeal against the order of Returning Officer before learned Appellate Tribunal at Sukkur. After hearing learned counsel for the parties, learned Election Tribunal at Sukkur vide order dated 27.06.2018 dismissed the Election…

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