| Citation(s) |
|---|
| 2024 SLG 4262 2024 PLJ 108 , 2024 SLD 4262 |
Appellate Jurisdiction
C.P.L.As. 210, 211, 212 and 213 of 2024, heard on 30.1.2024. (On appeal against judgments dated 16.01.2024 passed by the Lahore High Court, Lahore in W.Ps. No. 2610 and 2618, 2620 and 2664/2024)
Munib Akhtar, Shahid Waheed and Irfan Saadat Khan, 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).
C.P.L.As. 210, 211, 212 and 213 of 2024, heard on 30.1.2024. (On appeal against judgments dated 16.01.2024 passed by the Lahore High Court, Lahore in W.Ps. No. 2610 and 2618, 2620 and 2664/2024)
Munib Akhtar, Shahid Waheed and Irfan Saadat Khan, 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: Election Act, 2017 (XXXIII of 2017)
Section: 78
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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