Law: Elections Act, 2017

Section: 62,63

Law: Constitution of Pakistan, 1973

Section: 199

Elections Act (XXXIII of 2017)--- ----Ss. 62 & 63---Constitution of Pakistan, Art. 199---Constitutional petition---Election dispute--- Locus standi---Non-filing of objections---Petitioners assailed acceptance of nomination papers of respondent candidate by Election Appellate Tribunal which set aside the order passed by Returning Officer---Validity---Petitioners did not file any objections to candidature of respondent candidate at the time of scrutiny of his nomination papers under S.62 (i) of Elections Act, 2017---Locus standi of petitioners to challenge order of Election Appellate Tribunal in favour of respondent candidate was under heavy shadow--- Nomination papers of respondent candidate were not rejected on any objection raised by any of the voters of the constituency but by Returning Officer on his own motion considering him as defaulter in payment of government taxes---Even in appeal before Election Appellate Tribunal against such order of Returning Officer, petitioners did not file any application to be made as party under S.63 of Elections Act, 2017, nor opposed appeal in any form---Petitioners lacked competency at such belated stage to challenge order of Election Appellate Tribunal---High Court declined to interfere in order passed by Election Appellate Tribunal as there was no illegality in it and was based on valid reason---Constitutional petition was dismissed, in circumstances. Abdul Ghafoor v. R.O and others 2013 SCMR 1271 ref. ORDER MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- By means of these two petitions, petitioners have challenged the candidature of respondent No.10/Imam Bux Phulpoto to contest upcoming election both as a Member Sindh Assembly against PS-26 district Khairpur and a Member National Assembly (Majlis-e-Shoora) against NA-202 district Khairpur on the grounds, amongst others, that he did not disclose all the relevant facts in his nomination papers for both the seats and is defaulter in payment of tax due against him for the year 2017-2018; that he did not fulfill qualification, as articulated under Article 62 and is further disqualified under Article 63 of the Constitution, as he has failed to mention liability of tax in Form-B of…

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