Law: Elections Act, 2017

Section: 62,112,113(3)

Elections Act (XXXIII of 2017)--- ----Ss. 62, 112 113 (3)---Senate election---Objection to candidature---Jurisdiction of Returning Officer and Election Tribunal---Scope was a candidate for Senate election---Returning Officer accepted nomination papers of petitioner but Election Tribunal rejected the same---Validity---Any voter of a constituency could file objections under S.62 of Elections Act, 2017, to candidature of a candidate of that constituency who was nominated or whose name was included in party list submitted by a political party for election to an Assembly before Returning Officer within the period specified by Election Commission for scrutiny of nomination papers of a candidate contesting election to Assembly---In Senate elections list of specified persons was given in S.112 (1) of Elections Act, 2017, who could raise objections for Senate election could not file objection and Returning Officer had rightly denied the same---Power conferred upon Election Appellate Tribunal was exercisable on its motion based on material brought to its knowledge from any source---Requirement of S.113(3) Elections Act, 2017, in which issuance of show cause notice was mandatory to reject nomination papers by Election Appellate Tribunal on its own motion---High Court set aside order passed by Election Appellate Tribunal, as no show cause notice was issued to petitioner---High Court restored order passed by Returning Officer as the respondent did not have locus standi to file objection before Returning Officer---Constitutional petition was allowed, in circumstances. Nawab-ud-Din Saingal v. Additional District Judge and others 2015 YLR 1674; Samuel Xaviour and another v. Provincial Election Commissioner (Sindh) and 34 others 2008 YLR 1958; Haji Khuda Bux Nizamani v. Election Tribunal and others 2003 MLD 607; Muhammad Mubeen-us-Salam v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602; Punjab Cooperative Board of Liquidation through Chairman v. Muhammad Ilyas PLD 2014 SC 471; Commissioner Inland Revenue (Zone-I) LTU, Karachi v. Messers Linde Pak Ltd. Karachi 2020 SCMR 333; Engr. Iqbal Zafar Jhagra and others v. Khalilur Rehman and 4…

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