| Citation(s) |
|---|
| 2023 SLG 127 2023 SLD 127 2023 SCMR 370 |
Supreme Court of Pakistan
Civil Petition No.397 of 2022 and C.M.A. 751 of 2022 in C.P. No.397 of 2022, decided on 25th November, 2022. (Against judgment Dated 16.2.2022 passed by the Islamabad High Court Islamabad in W.P. No. 527 of 2022)
UMAR ATA BANDIAL, C.J., SYED MANSOOR ALI SHAH AND AYESHA A. MALIK, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Moiz Ahmed, Advocate Supreme Court for Petitioner. Sajeel Sheryar Swati, Advocate Supreme Court, Muhammad Arshad, DG (Law) and Ms. Saima Tariq Janjua, DD (Law) ECP for
Respondent No. 1. Farooq H. Naek, Senio
Civil Petition No.397 of 2022 and C.M.A. 751 of 2022 in C.P. No.397 of 2022, decided on 25th November, 2022. (Against judgment Dated 16.2.2022 passed by the Islamabad High Court Islamabad in W.P. No. 527 of 2022)
UMAR ATA BANDIAL, C.J., SYED MANSOOR ALI SHAH AND AYESHA A. MALIK, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Moiz Ahmed, Advocate Supreme Court for Petitioner. Sajeel Sheryar Swati, Advocate Supreme Court, Muhammad Arshad, DG (Law) and Ms. Saima Tariq Janjua, DD (Law) ECP for
Respondent No. 1. Farooq H. Naek, Senio
MUHAMMAD FAISAL VAWDA
VS
ELECTION COMMISSION OF PAKISTAN through Secretary and others
Law: Elections Act, 2017
Section: 8(C),9(1)
Law: Constitution of Pakistan, 1973
Section: 218(3),63(1)(C),62(1)(f)
(a) Elections Act (XXXIII of 2017)--- ----Ss. 8(c), 9(1)---Constitution of Pakistan, Art. 218(3)---Pre-election qualification and disqualification of a returned candidate---Election Commission, powers of---Scope---Election Commission has no jurisdiction under Article 218(3) of the Constitution read with section 8(c) or 9(1) of the Elections Act 2017 to inquire into and decide upon the matter of pre-election qualification and disqualification of a returned candidate. Muhammad Salman v. Naveed Anjum 2021 SCMR 1675 and Zulfiqar Bhatti v. E.C.P (C.A. No. 142 of 2019 decided on 02.11.2022) ref. (b) Constitution of Pakistan--- ----Arts. 63(1)(c), 62(1)(f)--- Pre-election qualification and disqualification of a returned candidate---Election Commission, powers of---Scope---Filing a false affidavit as to citizenship of a foreign country---Good faith and remorse shown by Parliamentarian---Petitioner (Parliamentarian) stated before the Court that he regretted his claim of renunciation of his foreign nationality at the time of filing his nomination papers for the election of National Assembly on 07.6.2018; that he had then initiated the process for such renunciation, but the “Certificate of Loss of Nationality” of the foreign country was issued to him on 25.6.2018; that he admitted that he was disqualified from contesting the election under Article 63(1)(c) of the Constitution, on the date when he had filed his nomination papers for the election of National Assembly, and that his affidavit filed with the nomination papers thus contained an erroneous statement, which he regretted---In order to demonstrate his good faith in remorse for his mistake, petitioner undertook that he would resign from the office of the member of the Senate to which was subsequently elected---In view of such statement and undertaking of the petitioner, the Court need not proceed further in the matter in the peculiar facts and circumstances of the ease---Supreme Court observed that the petitioner shall be bound to comply with his undertaking and shall take immediate steps to present his resignation to the Chairman, Senate, in accordance with law, and that the petitioner shall not be considered…
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