Law: Constitution of Pakistan, 1973

Section: 199

Law: Elections Act, 2017

Section: XXXIII,62(9),62(5)62(9)(ii)

(a)    Constitution of Pakistan-------Art. 199---Judgment passed by the Election Tribunal, assailing of---Judicial review---Scope of the judicial review of the High Court under Art. 199 of the Constitution in election matters is confined to the extent of an order passed by election authority unlawfully or when it is coram non judice or mala fide, and such scope cannot be enlarged to the cases relating to factual inquiry or in the cases in which another view of the matter is also possible and if such view would have been taken it would not be illegal or unconstitutional.Let. Gen. (R) Salahuddin Tirmizi v. Election Commission of Pakistan PLD 2008 SC 735 ref.(b)    Elections Act (XXXIII of 2017)-------S. 62(9)---Nomination papers of a candidate, rejection / acceptance of--Returning Officer powers of---Candidate remaining un-heard---Effect--Candidate filed constitutional petition against the judgment passed by the Election Appellate Tribunal ('the Tribunal') whereby appeal filed by the Respondent (candidate/lady) against rejection of her nomination papers was allowed---Validity---Record revealed that the candidature of the respondent was rejected by the Returning Officer on the ground of non-payment of government dues (token tax on three vehicles) and non-mentioning of certain assets at the time of submission of nomination papers---Section 62(9) of the Elections Act, 2017 ('the Act') demonstrates that the Returning Officer may conduct summary inquiry for the purpose of accepting or rejecting the nomination papers on the grounds mentioned in sub-sections of S. 62(9) of the Act---However, in the present case, neither any notice was issued to the respondent by the Returning Officer nor she was provided any opportunity to defend the allegations levelled in the objection petition in terms of S. 62(9) of the Act---When an adverse action is contemplated to be taken against the person/persons, he/they have a right to defend such action, notwithstanding the fact that the statute governing their rights does not contain provision of the principle of natural justice and even in absence thereof it is to be read/ considered as a part of…