Law: Elections Act, 2017

Section: 2(xli),27,60

Law: Constitution of Pakistan, 1973

Section: 199

(a) Elections Act (XXXIII of 2017)--- ----Ss.2(xli), 27 60---Constitution of Pakistan, Art.199---Constitutional petition---Enrollment in electoral roll---Pre-conditions---Nomination papers of petitioner/candidate were rejected by Returning Officer as well as Election Appellate Tribunal on the ground that name of proposer was not included in electoral roll of the constituency---Validity---Enrollment in electoral roll was basic and fundamental requirement for a person to be a voter of a particular electoral area---Mere residing in an area or having a temporary or permanent residence in any part of electoral area of a constituency was not a determinative factor to term a person as voter within the meaning of Elections Act, 2017---Provisions relating to proposer and seconder of a candidate in Elections Act, 2017, were mandatory in nature and any defect in respect thereof in nomination, was a defect of substantial nature, and the same could not be cured at subsequent stage and nomination papers invalid on such account could not be allowed to be validated afterwards in exercise of powers either by Returning Officer or even by Appellate Tribunal---High Court declined to interfere in the orders passed by Election forums below---Constitutional petition was dismissed, in circumstances. Nadeem Shafi v. Tariq Shuja Butt and others PLD 2016 SC 944; Rana Muhammad Tajammal Hussain v. Rana Shaukat Mahmood PLD 2007 SC 277; Rao Muhammad Sarwar v. Returning Officer, PP-77, Sargodha and another (W.P. No.221907 of 2018); Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189; The Collector of Sales Tax, Gujranwala v. Messrs Super Asia Mohammad Din Sons 2017 SCMR 1427; Zia ur Rehman v. Syed Ahmed Hussain 2014 SCMR 1015; Hakim Ali v. Muhammad Salim 1992 SCMR 46; Mudassar Qayyum Nahra v. Election Tribunal, Punjab, Lahore and 10 others 2003 MLD 1089 and Hafiz Muhammad Abbas v. Retruning Officer and 16 others 1993 MLD 2509 rel. (b) Elections Act (XXXIII of 2017)--- ----S.62(6)---Electoral roll, correctness of---Returning Officer---Jurisdiction---Such is beyond the competence of Returning Officer to go into the question of correctness or validity of any entry in electoral…

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