Law: Elections Act, 2017

Section: 572(2)(a)

Law: Constitution of Pakistan, 1973

Section: 199

Elections Act (XXXIII of 2017)--- ----S.57(2)(a)---Constitution of Pakistan, Art. 199---Constitutional petition---Reserved seat---Change of forum---Petitioner filed her nomination papers for a seat reserved for women---Contention of petitioner was that she intended to file her nomination papers for National Assembly but inadvertently it was filed for Provincial Assembly---Validity---Returning Officer was blessed with limited powers to make correction in a nomination form submitted for the seats he was dealing with---Returning Officer was not authorized to bring substantial changes to nomination---No competence was provided to Returning Officer notified for the seat in Provincial Assembly to make such change and transmit nomination form of petitioner to Returning Officer who was dealing with the seats reserved for women in National Assembly---Attending circumstances did not permit the concerned Returning Officer to bring substantial changes as per wishes of petitioner who was knocked out of the contest---High Court declined to interfere in the order passed by Returning Officer as the same was neither arbitrary nor mechanical---Constitutional petition was dismissed, in circumstances. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:---.--- Hina Bibi, the petitioner herein, through the instant petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, "the Constitution" has prayed that:- (a) The impugned order dated 17.01.2024 of the Election Appellate Tribunal may kindly be set aside/cancelled and may be declared against the Elections Act, 2017. (b) The respondents may kindly be directed to maintain the necessary action in the nomination form of the petitioner which was made by the respondents as per interim order of the court, Or (c) The second nomination form filed by the petitioner may kindly be accepted and declared valid being filed within time as per provisions of section 57(2)(a) of the Elections Act, 2017. 2. Crux of the petitioner's case is that she was listed at serial No.3 of the list, issued by the Jamiat Ulama-e-Islam Pakistan "JUI" against the seats, reserved for women, in National Assembly "NA", accordingly, after…

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