Law: Constitution of Pakistan, 1973

Section: 62,63(1)(c)

Law: Elections Act, 2017

Section: 62

Law: Pakistan Citizenship Act, 1951

Section: 14(3)

(a) Constitution of Pakistan--- ----Arts. 62 & 63(1)(c)---Elections Act (XXXIII of 2017), S. 62---Pakistan Citizenship Act (II of 1951), S. 14(3)---Foreign nationality---Word 'or' used in Art. 63(1)(c) of the Constitution---Scope---Returning Officer ('RO') rejected nomination papers of the candidate contesting for seat of Provincial Assembly for having foreign nationality---Contention of the appellant (candidate) was that a foreign national would become disqualified from contesting election only if he ceased to be a citizen of Pakistan---Appellant mainly focused on the ground that the word 'or' used in Art. 63(1)(c) of the Constitution between the condition of ceasing of Pakistan nationality and accusation of foreign citizenship in fact was to be read as 'and'---Validity---Word 'or' used in Art.63(1)(c) of the Constitution was disjunctive and that a person holding a dual nationality of a foreign State though legally in view of S.14(3) of the Act of 1951, nevertheless would not be entitled to be elected or chosen as, or hold the Office of a Member of Parliament---Election appeal, being meritless, was dismissed, in circumstances. Suo Motu case No.8 of 2018 PLD 2019 SC 201 ref. (b) Constitution of Pakistan--- ----Arts. 62 & 63(1)(c)---Elections Act (XXXIII of 2017), S.62---Pakistan Citizenship Act (II of 1951), S. 14(3)---Foreign nationality, relinquishment of---Scope---Returning Officer ('RO') rejected nomination papers of the candidate contesting for seat of Provincial Assembly for having foreign nationality---Contention of the appellant (candidate) was that he had initiated the process for the relinquishment of his foreign nationality and had moved an application in said regard---Validity---Document, presented by the appellant in support of said/such claim, only depicted that he had initiated the process of renunciation of his foreign nationality which had yet not attained finality---Inexorably, appellant was a foreign national even today as his request for relinquishment of UK nationality was still awaited---As a necessary consequence, it could unambiguously be gathered that the appellant was still enjoying his foreign nationality, thus his nomination…

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