| Citation(s) |
|---|
| 2024 SLG 5954 2024 SLD 5954 = 2024 PLD 351 |
Lahore High Court
Election Appeals Nos. 95, 98 and 99 of 2024, heard on 9th January, 2024.
Before Ch. Abdul Aziz, J
Sardar Abdul Raziq Khan and Najam ul Hassan Kazmi for Appellant. Zulqarnain Haider Gondal, Assistant Director (Law) assisted by Tayyab Bilal Pakhral, Assistant Attorney General for Pakistan, with Bilal Bin Abdul Hafeez, ADC(G) R.O NA-59, Fazal Shar DD, (Dev), Chakwal, R.O PP-23 for ECP. Hassan Raza Pasha, Objection Petitioner.
Election Appeals Nos. 95, 98 and 99 of 2024, heard on 9th January, 2024.
Before Ch. Abdul Aziz, J
Sardar Abdul Raziq Khan and Najam ul Hassan Kazmi for Appellant. Zulqarnain Haider Gondal, Assistant Director (Law) assisted by Tayyab Bilal Pakhral, Assistant Attorney General for Pakistan, with Bilal Bin Abdul Hafeez, ADC(G) R.O NA-59, Fazal Shar DD, (Dev), Chakwal, R.O PP-23 for ECP. Hassan Raza Pasha, Objection Petitioner.
Hafiz AMMAR YASIR---Petitioner
VERSUS
RETURNING OFFICER NA-59 and another---Respondents
Law: Elections Act, 2017
Section: XXXIII,132,133,60,62
Law: High Court (Lahore) Rules, and Orders
Section: IV,12,11,14,15
(a) Elections Act (XXXIII of 2017)-------Ss.132 & 133---Election expenses---Exclusive bank account---Object--Candidate contesting elections from more than one constituencies without opening of exclusive account for each of them, gets leverage of incurring expenditure more than the prescribed limit---Such failure frustrates mandate of Ss. 132 & 133 of Elections Act, 2017---Word "exclusive" used in Ss. 132 & 133 of Elections Act, 2017, is self-explanatory. (b) Words and phrases-------Exclusive---Meaning.Black's Law Dictionary Tenth Edition rel.(c) Elections Act (XXXIII of 2017)-------Ss. 60 & 62---High Court (Lahore) Rules and Orders, Vol. IV, Chap. 12, Rr.11, 14 & 15---Election dispute---Affidavit---Identification of deponent---Nonappearance of deponent before Oath Commissioner---Effect---Appellant/candidate was aggrieved of rejection of his nomination papers by Returning Officer---Validity--Appellant/candidate had to submit affidavit of his assets and liabilities on solemn affirmation attested by Oath Commissioner---Though declaration of appellant was attested by Oath Commissioner but at some unknown time and place---Oath commissioner attested the document in Pakistan whereas appellant was in Saudi Arabia on the given date---Such attestation under Chap. 12 of Volume-IV of High Court (Lahore) Rules and Orders had no legal worth---According to R. 11 of Chap. 12 of Volume-IV of High Court (Lahore) Rules and Orders, if executant of affidavit is not known to the officer appointed to administer oath then he has to be identified by some person known to him and such fact is essentially required to be mentioned at the foot of affidavit---According to Rr. 14 & 15 of Chap. 12 of Volume-IV of High Court (Lahore) Rules and Orders, executant is personally required to appear before Court, Magistrate or officer for an oath or affirmation---Appellant/ candidate never appeared before Oath Commissioner due to his presence in Saudi Arabia--High Court declined to interfere in the order passed by Returning Officer---Appeal was dismissed, in circumstances.Syed Mehmood Akhtar Naqvi v. Federation of Pakistan PLD 2012 SC 1089; Muzaffar Abbas v. Maulana Muhammad…