| Citation(s) |
|---|
| 2024 SLG 4066 2024 PLJ 1044 , 2024 SLD 4066 |
Appellate Jurisdiction
Crl. P.L.A. No. 80-P of 2024, decided on 29.5.2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ.
Mr. Salman Mansoor, ASC for Appellants (in C.A. No. 795-L of 2012). Hafiz M. Tariq Nasim, ASC for Appellants (in C.A. No. 123-L of 2013). Mr. Muhammad Raheel, Deputy Head (HR) PPCBL for Appellants (in C.P. No. 2508-L of 2017). Mian Ahmad Mahmood, ASC for
Respondents (in C.A. No. 795-L of 2012). Mr. Talat Farooq Sheikh, ASC for
Respondents (in C.A. No. 123-L of 2013). Mr. Junaid Jabbar Khan, ASC for
Respondents (in C.P. No. 2508-L of 2017).
Crl. P.L.A. No. 80-P of 2024, decided on 29.5.2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ.
Mr. Salman Mansoor, ASC for Appellants (in C.A. No. 795-L of 2012). Hafiz M. Tariq Nasim, ASC for Appellants (in C.A. No. 123-L of 2013). Mr. Muhammad Raheel, Deputy Head (HR) PPCBL for Appellants (in C.P. No. 2508-L of 2017). Mian Ahmad Mahmood, ASC for
Respondents (in C.A. No. 795-L of 2012). Mr. Talat Farooq Sheikh, ASC for
Respondents (in C.A. No. 123-L of 2013). Mr. Junaid Jabbar Khan, ASC for
Respondents (in C.P. No. 2508-L of 2017).
GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD., etc.--Appellants
VERSUS
GHULAM MUSTAFA and others--Respondents
Law: Criminal Procedure Code, 1898 (V of 1898)--
Section: 302, 324, 427, 201 & 34
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. [Pp. 684, 685 & 688] A, B, C, D & E 2024 SCP 48 ref. Mr. Muhammad Shahzad Shaukat, ASC for Petitioners (in all cases). Mr. Ahsan Bhoon, ASC Respondent No. 1 (via Video-Link, Lahore) (in all cases). Mr. Khurram Shehzad, Addl. DG. Law and Mr. Falak Sher, Legal Consultant for ECP. Date of hearing: 30.1.2024. Judgment Munib Akhtar, J.--The General Elections to the National and all four Provincial Assemblies were held on the same day, 08.02.2024. It is important to keep in mind that in law a general election to each Assembly is distinct and separate. Thus, constitutionally speaking on 08.02.2024 it was not one, but five, general elections that took place. Section 69(1) of the…
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