Law: Election Act, 2017 (XXXIII of 2017)--

Section: S. 62(2)(9)-

Election Act, 2017 (XXXIII of 2017)--

----S. 62(2)(9)--Constitution of Pakistan, 1973, Arts. 199 & 225--General elections--Rejection of nomination papers--Non-matching of signatures of candidate with CNIC--Registration of criminal case was not disclosed by candidate in nomination papers--Absconder--Appellant was not present at time of scrutiny--Writ petitions--Allowed--Challenge to--The matter was decided by High Court entirely in relation to criminal case--Sub-section (2) of S. 62 is an enabling provision, which makes it permissible (but not mandatory) for, inter alia, a candidate to attend scrutiny of his nomination paper--Thus, returning officers were in law wrong to reject petitioner’s papers on that ground and High Court was, with respect, also in error to allude to any such requirement--If a proclaimed offender can contest elections someone who is only alleged to be an absconder can equally do so--Thus, ground considered and accepted by High Court was not sustainable in
law--Habib Akram, being an interim measure, had ceased to be operative--It had, and had, no application for General Elections of 2024 or for any elections held or to be held in present election cycle--Non-mentioning of criminal case by petitioner in affidavits filed by him did not, and could not, entail any penal or legal consequences including, in particular, rejection of nomination papers--The submission made by counsel for contesting private respondents could not therefore, with respect, be accepted--Appeals allowed.