Law: Representation of the People Act, 1976

Section: 14(3)

Law: Constitution of Pakistan, 1973

Section: 62(1)(e),(f),(g)199,62

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 14(3)---Constitution of Pakistan, Arts. 62(1)(e), (f), (g) & 199--- Constitutional petition---Scrutiny of nomination papers of candidates by Returning Officers---Scope---Returning Officers asking unrelated and unwanted questions from candidates, in front of live television, during the scrutiny of the nomination papers---Plea that candidates were being intrusively examined by the Returning Officers relating to their personal life and the questions posed had no co-relation or nexus with the information submitted in the nomination papers or collected by the Returning Officers through any other source---Validity---Returning Officers instead of building public confidence and trust, had done otherwise, deeply damaging the image of the judiciary by embarking upon an inquisition through self-tailored subjective questions in front of live electronic media---Returning Officers in their overzealous virtuousness lost track of the law---Under S.14(3) of Representation of the People Act, 1976, the Returning Officer could carry out a summary inquiry on its own motion, but such inquiry was not a fishing or a roving inquiry into the personal affairs of a candidate, insensitively trampling over his personal belief and deep rooted religious commitments---Inquiry envisaged under the law could only be triggered by the information placed before the Returning Officer i.e., the information in the nomination paper and the objections filed against it by the other side, if any, or information gathered and collected by the Returning Officer, on his own, through credible sources---Returning Officer had no reason to doubt the veracity and sanctity of the declaration and oath made by candidate on the nomination paper unless there was evidence to the contrary and the Returning Officer after being fully satisfied arrived at the conclusion that the said declaration was false---Declaration of the candidate on oath meant that it was to be assumed that the requirements of Art.62 of the Constitution had been fulfilled---Such assumption could only be pierced if there was credible evidence to the contrary but not through poking silly…

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