Law: Elections Act, 2017

Section: 60(2)(b)

Law: Elections Rules, 2017

Section: 51

(a) Elections Act (XXXIII of 2017)--- ----S. 60(2)(b)---Election Rules, 2017, R. 51---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Joint bank account for elections expenses---Permissibility---It is not mandatory for the bank account opened or dedicated for the purpose of election expenses to be a single signature account---However, the Election Commission of Pakistan ( ECP ) exercising its delegated power under section 239 of the Elections Act, 2017 ( the Act ) amended Rule 51 of the Election Rules, 2017 ( the Rules ) with the effect that the bank account so opened for the purpose to document election expenditure should not be a joint signatory account---Stipulation in Rule 51 that the bank account so opened or dedicated should not be a joint signatory account is inconsistent with the express provision of section 60(2)(b) of the Act---Since Rule 51 (as amended) travels beyond the ambit of the Act, it is ultra vires and cannot be given any effect, and resultantly, based on it the nomination papers could not be rejected---Leave petition was converted into appeal and allowed, impugned judgment of the High Court as well as the orders of the fora below were set aside with the result that the nomination papers of the petitioner for PP-150 (Lahore) were deemed accepted and her name was deemed included in the final list of candidates for the General Elections of 2024. Sanaullah Sani v. Secretary Education Schools 2024 SCMR 80 ref. (b) Delegated legislation--- ----Rules made under a statute---Scope---If a rule goes beyond the rule-making power conferred by the statute or if a rule supplants any provision for which power has not been conferred, it becomes invalid---Delegated power to legislate by making rules cannot be exercised to bring into existence substantive rights, obligations or disabilities not contemplated by the provisions of the statute. (c) Elections Act (XXXIII of 2017)--- ----Ss. 60(2)(b) & 62(9), Proviso (ii)---Election Rules, 2017, R. 51---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Joint bank account for elections expenses---Permissibility---Column No.3 of the declaration, provided…

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