Law: Elections Act, 2017

Section: 63

Elections Act (XXXIII of 2017)--- ---S. 63----Election dispute----Nomination papers, rejection of---Default in payment of government dues----Deposit of dues under protest----Effect----Appellant/candidate's nomination papers were rejected by Returning Officer due to outstanding government dues----During pendency of appeal before Election Appellate Tribunal, appellant/candidate had deposited the dues under protest----Validity----Amount subject of appeal would remain subject to final adjudication in the course of exercise of statutory authority within the hierarchy of jurisdiction in accordance with law----Expression of non-existence of any present liability was limited for the purposes of decision of appeal by Election Appellate Tribunal----Liabilities of Federal Board of Revenue were not direct subject matter of proceedings and rights of both the sides were safeguarded to have the underlying controversy thrashed out by concerned statutory fora in accordance with law----Election Appellate Tribunal set aside the order passed against appellant/candidate as the two instances of default which were informed to Returning Officer and resulted in rejection of nomination papers had adequately been addressed----Election Appellate Tribunal accepted nomination papers of appellant/candidate as order of Returning Officer had lost is efficacy----Election Appellate Tribunal directed Returning Officer to include name of appellant/candidate in revised list of validly nominated candidates of the constituency----Appeal was allowed, in circumstances. ORDER RASAAL HASAN SYED, JUSTICE:---.--- Through the instant appeal order dated 30.12.2023 of the Returning Officer has been assailed whereby nomination papers of the appellant presenting himself as a candidate for General Elections from PP-138, Sheikhupura-III were rejected. 2. The reasons for rejection as encapsulated by the order of the Returning Officer available at page 25 of the instant file reveals that two instances of default were identified prompting rejection of nomination papers. It transpired that a sum of Rs.6,688,750/- was outstanding towards FBR and an amount of Rs.476,448/- stood under the head of arrears of token tax…

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