Law: Service Tribunals Act, 1973 (LXX of 1973),

Section: 18 , 24

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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