Law: Elections Act, 2017

Section: 69(2)

Law: Anti Terrorism Act, 1997

Section: FourthSchedule

Elections Act (XXXIII of 2017)--- ----S.69(2)---Anti-Terrorism Act (XXVII of 1997), Fourth Schedule---Nomination papers, acceptance of---Name of candidate was included in fourth Schedule of Anti-Terrorism Act, 1997---Effect---Petitioner assailed order passed by Election Appellate Tribunal dismissing appeal of petitioner against acceptance of nomination papers of respondent---Validity---Mere fact that name of respondent was included in Fourth Schedule of Anti-Terrorism Act, 1997 was no ground for disqualification---Any FIR by its nature could not be termed as pending criminal case---Respondent was not guilty of mis-declaration for not mentioning FIRs against him in relevant column of affidavit---High Court declined to interfere in order passed by Election Appellate Tribunal---Constitutional petition was dismissed in circumstances. Muzafar Abbas v. Mulana Muhammad Ahmad Ludhianvi and others PLD 2017 Lah. 394 rel. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE---.--- This writ petition calls into question order dated 25.06.2018 passed by the learned Appellate Tribunal which dismissed the election appeal filed by the petitioner against acceptance of the nomination papers of respondent No.4 from PP-126 Jhang-III. 2. Learned counsel stated that respondent No.4 was guilty of concealment of the assets of his wife, the FIRs registered against him, the National Tax Number and business in the nomination papers submitted by him. It was furthermore stated that respondent No.4 no doubt filed two applications before the Returning Officer for rectifying the errors in regard to the assets of his wife (which applications were allowed), yet the error was of a substantial nature which could not be rectified. It is also submitted that respondent No.4 is a proclaimed offender and his name was included in the 4th Schedule of Anti-Terrorism Act, 1997. 3. Learned counsel appearing on behalf of respondent No.4 as well as learned counsel for Election Commission of Pakistan controverted the submissions made by learned counsel for the petitioner. Learned counsel for respondent No.4 submitted that the business of real estate was not operational and was lying closed for a number of years. 4. It…

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