Law: Elections Act, 2017

Section: 60(2)(d),62(9)(c)

Law: Constitution of Pakistan, 1973

Section: 17,185(3)

(a) Elections Act (XXXIII of 2017)-----Ss. 60(2)(d) ,  62(9)(c)--- Nomination papers, rejection of---Legality---Objections raised against eligibility of appellant-candidate were that a decree was passed against his spouse by the Banking Court; and that his name was mentioned in report of Credit Information Bureau (CIB)---High Court while pressing into service section 62(9)(c) of the Elections Act, 2017 (‘the Act’) declared the appellant ineligible to contest elections while directing the Returning Officer to delete his name from the list of the candidates---Held, that in terms of section 60(2)(c) of the Act, the assets, liabilities of the appellant, his spouse and dependent children were to be disclosed on the preceding thirtieth day of June as required in Form B duly issued by the Election Commission of Pakistan (ECP) i.e. 30-06-2017---According to election schedule announced by the ECP, general election was to be held in 2018 while the appellant was supposed to furnish the details of personal assets and liabilities and dependents including his spouse till 30-06-2017 as per the demand of law duly mentioned in section 60(2)(d) of the Act---Decree issued by the Banking Court which was made basis by the High Court for declaration qua rejection of the nomination papers of appellant was passed against the spouse of the appellant on 04-12-2017, i.e. after the cut-off date as envisaged in section 60(2)(d) of the Act---High Court while adjudicating the matter mis-interpreted section 62(9)(c) of the Act, therefore, the impugned was based on misconception of law---Appeal was allowed, impugned of High Court was set aside and s of Election Tribunal and the Returning Officer accepting the nomination papers submitted by the appellant, were restored. (b) Constitution of Pakistan---Art. 199---Constitutional jurisdiction of the High Court---Scope of Constitutional jurisdiction of the High Court and principles relating to its exercise stated. High Court while exercising constitutional jurisdiction under Article 199 of the Constitution, inter alia, provides relief in the form of a declaration, prohibitory order, mandatory order or an order in the nature of quo-warranto,…

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