Law: Elections Act, 2017

Section: 63

Elections Act (XXXIII of 2017)--- ----S. 63---Appeal against scrutiny order---Acceptance of nomination papers---Scope filed appeal against the order of Returning Officer whereby nomination papers of respondent were accepted---Validity---Nomination Form contained details of properties owned by respondent and if any omission was found in the nomination papers, same could not be considered as a concealment on the part of respondent, when details had been disclosed through annexures---If any omission was found, it could be corrected at the time of scrutiny or even thereafter, if required---Where Nomination Form provided insufficient space, the candidate was allowed to use separate sheets had categorically stated that neither he had obtained nationality of any other country nor he intended to do so was a green card holder but holding of green card being not a nationality---Impugned order being within four corners of law, appeal was dismissed. 2013 SCMR 1271, PLD 2018 SC 189 and 2013 SCMR 1238 ref. ORDER FAHIM AHMED SIDDIQUI, J.---Through instant appeal, nomination form of respondent No. 1 has been challenged, which learned Returning Officer has accepted vide impugned order. While pressing instant appeal, learned counsel for the appellant submits that objections of the appellant have not been considered by the Returning Officer. He submits that respondent No.1 is Green Card holder, as such, he intends to obtain USA nationality. He further submits that respondent No. 1 has not disclosed his visits properly. He submits that he initially did not file passport and subsequently same was filed. He submits that from his passport, it appears that he has visited USA without obtaining Visa, meaning thereby, either he is citizen of USA or he has applied for citizenship of USA. He submits that he withheld information: therefore he is not liable to be elected as member of Parliament. He submits that even he had withheld all the information in his previous election. He also submits that he purchased certain properties in 1988, but he has not disclosed in 2003 election. He further submits that he has purchased some properties in England, but did not declare all these properties in…

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