Law: Elections Act, 2017

Section: XXXIII,63,64(3),134

Elections Act (XXXIII of 2017)-------Ss. 63, 64(3) & 134---Election dispute---Nomination papers, acceptance of--Bank account--- Appellant's/ candidate's nomination papers were rejected as he in his nomination papers did not specify particulars of bank account opened for purposes of documenting election expenses---Validity---Certified copy of account statement was handed over to Returning Officer while photocopy was retained on the file of Election Tribunal---Primary basis of opening such account as given in S. 134 of Elections Act, 2017, was to account for election expenses as certain ceiling of expenses had to be maintained by candidates in conducting their campaign and making expenses related to the elections---From account statement it was evident that account had already been dedicated, therefore, mere non-mentioning in the form was a deficiency which could have been rectified by entering detail of the account in relevant column by Returning Officer and appellant could be given an opportunity which had not been done---Order of Returning Officer was legally untenable and was set aside, resultantly nomination papers were accepted---High Court directed the concerned Returning Officer to reflect name of appellant/candidate in revised list of validly nominated candidates in discharge of mandate of S. 64(3) of Elections Act, 2017---Appeal was allowed, in circumstances.Yasir Aftab v. Irfan Gull and others 2023 SCMR 206 rel.ORDERRASAAL HASAN SYED, J.---This appeal under section 63 of the Elections Act, 2017 assails order dated 30.12.2023 of the Returning Officer whereby the nomination papers of the appellant as a candidate for PP-146 Lahore-II were rejected.2.    The tenor of the order shows that the principal basis upon which the nomination papers were rejected as recorded in the order is to the effect that the genuineness of the signatures of the candidate, proposer and seconder could not be ascertained. Returning Officer present in Court has ascertained the signatures of all three i.e. candidate, proposer and seconder who was asked to be present in person in response to the undertaking of the learned counsel for the appellant to produce…