Law: Constitution of Pakistan, 1973

Section: 4

Law: Elections Act, 2017

Section: 145(1), 9(5), 142, 143 or 144, 9(5),

Summary

The court addressed preliminary objections to an election petition's rejection under Section 145(1) of the Election Act, 2017. One objection, concerning the petitioner's failure to appeal to the Supreme Court after the Election Commission's dismissal of a prior complaint, was deemed irrelevant to Section 145(1). A second objection, regarding non-joinder of a contesting candidate (Faysal Mujeeb) due to reliance on an outdated list of candidates, was initially considered grounds for rejection. However, the court found that the Returning Officer and Election Commission failed to comply with statutory obligations to provide updated candidate lists, causing the omission. Relying on the principle that acts of public functionaries should not prejudice individuals, the court refused to reject the petition, instead allowing the petitioner to amend it to include Mujeeb, citing the Supreme Court's decision in *Sunni Ittehad Council v. Election Commission of Pakistan*.

ORDER