| Citation(s) |
|---|
| 2025 SLG 4028 2025 SLD 4028 = 2025 CLC 621 |
Lahore High Court
Election Appeal No. 630 of 2024, decided on 9th January, 2024.
Before Asjad Javaid Ghural, J
Usman Nasir Awan, Ahmar Wasim Malik and Faizan Ahmad for Appellant. Muhammad Jawad Zafar for
Respondent No. 1. Khizar Razaq, Returning Officer, PP-131.
Election Appeal No. 630 of 2024, decided on 9th January, 2024.
Before Asjad Javaid Ghural, J
Usman Nasir Awan, Ahmar Wasim Malik and Faizan Ahmad for Appellant. Muhammad Jawad Zafar for
Respondent No. 1. Khizar Razaq, Returning Officer, PP-131.
MANZAR ABBAS ---Appellant
VERSUS
Mian MUHAMMAD AZAM and 2 others ---Respondents
Law: Elections Act, 2017
Section: XXXIII,60,63
(a) Elections Act (XXXIII of 2017)-------Ss. 60 & 63---Nomination papers of candidate, acceptance of---Scope--Appellant challenged order passed by the Returning Officer, whereby he, by overruling the objections of the appellant, accepted the nomination papers of respondent---Objection of the Appellant was that the respondent was defaulter of Irrigation Department---Validity---Demand of the Irrigation Department had already been challenged before the High Court by way of filing constitutional petition, as such the demand was still not finalized, therefore, on such basis respondent could not be precluded from contesting the elections---Appeal, being merit-less, was dismissed.(b) Elections Act (XXXIII of 2017)-------Ss. 60 & 63---Nomination papers of candidate, acceptance of---Scope--Appellant challenged order passed by the Returning Officer, whereby he, by overruling the objections of the appellant, accepted the nomination papers of respondent---Objection of the Appellant was that there were clear discrepancies in the income and expenses of the respondent---Validity---Appellant had failed to bring on record anything in black and white in support of his objection/submission--Even otherwise, question as to whether the declaration/statement of the candidate in the nomination paper was false or incorrect in any material particular, could not be ascertained without carrying out factual probe, which exercise could not be undertaken by the Returning Officer or the Appellate Tribunal in summary proceedings---Appeal, being merit-less, was dismissed.Rai Hassan Nawaz v. The Election Commission of Pakistan and others 2013 CLC 1101 ref.(c) Elections Act (XXXIII of 2017)-------Ss. 60 & 63---Nomination papers of candidate, acceptance of---Scope--Appellant challenged order passed by the Returning Officer, whereby he, by overruling the objections of the appellant, accepted the nomination papers of respondent---Objection of the appellant was that the respondent concealed registration of a criminal case (FIR) against him---Validity---There was nothing on record from which it could be inferred that the…