Law:

Section:

Election Act (XXXIII of 2017) --- ----Ss. 112, 113 & 156---Constitution of Pakistan, Art. 199---Rejection/acceptance of nomination papers for Senate seat by Returning Officer---Appeal against such order---Plain and holistic reading of S.113 of the Election Act, 2017 showed that a candidate could file appeal before Appellate Tribunal if his nomination papers were rejected---Whereas an objector-candidate could file appeal before the Appellate Tribunal if nomination papers of another candidate were accepted---Candidate could not file appeal against rejection of nomination papers of another candidate unless he was objector to those nomination papers---Although the 'objector' was not defined under the Election Act, 2017 but as and when any objection was filed by an objector the same is dealt with under S.112 of the said Act---Where the petitioner-candidate had not filed any objection as provided under S.112 of the Act against the nomination papers of respondent-candidate, he (petitioner) had no locus-standi to be heard before the Appellate Tribunal---As the petitioner had no locus-standi to be heard by the Appellate Tribunal being not an objector, therefore he had no locus-standi to file a Constitutional petition against the impugned order of the Appellate Tribunal---Only remedy available to the petitioner being a candidate and not objector under S.156 of the Act would be in post-election proceedings where the petitioner would have grounds for seeking declaration of any election of returned candidate void if the nomination of the returned candidate was invalid or he was not qualified---Constitutional petition was dismissed accordingly. THIS JUDGMENT PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has challenged the order dated 17.02.2018 passed by the Appellate Tribunal whereby the Election Appeal filed by the Respondent No. 4 was accepted and the order dated 12.02.2018 passed by the Returning Officer rejecting the nomination papers of the Respondent No. 4 was set aside. 2. The Petitioner inter alia submitted that the…

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