Law: Elections Act, 2017

Section: 60(2)(b)

Law: Constitution of Pakistan, 1973

Section: 17(2)

(a) Elections Act (XXXIII of 2017)--- ----S. 60(2)(b)---Constitution of Pakistan, Art. 17(2)---Elections for seat of Provincial Assembly---Nomination papers---Exclusive bank account for election expenses---Connotation---Nomination paper of the petitioner (candidate) was rejected on the ground that the petitioner did not maintain an exclusive account for the purpose of election expenses for every seat he proposed to contest under Section 60(2)(b) of the Elections Act, 2017 ("Act")---Validity---Right to contest election is a fundamental right guaranteed by Article 17(2) of the Constitution---Right to contest election being a fundamental right, the provisions in the Act including Section 60 thereof that curtail or in any manner affect this right are to be construed strictly and applied restrictively---Under Section 60(2)(b) of the Act, a candidate is to submit a declaration that he has opened an exclusive account, or dedicated an existing account, in a scheduled bank for the purpose of election expenses---Exclusivity of the required bank account is for the "purpose of election expenses", and not for the number of seats the candidate is contesting for in the elections---One exclusive bank account for the election expenses to contest for any number of seats, meets the statutory requirement---For the purpose of requiring such exclusive bank account is to ensure compliance with the provisions of Section 132(3) of the Act, which has prescribed an upper limit of expenses for election to a seat in the Senate, the National Assembly and a Provincial Assembly---If a person contests for election to more than one seats, his expenses should not exceed the aggregate of the prescribed expenses for all those seats---Stance taken by the respondents that the candidate must open a separate bank account for every seat he is contesting for, is not the intent and purpose of the law and is therefore not legally sustainable---Petition was converted into an appeal and allowed; impugned order as well as the orders of the Appellate Tribunal and the Returning Officer were set aside; consequently, the nomination paper of the petitioner filed for the seat of a Member of the Provincial Assembly…

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