Law: Elections Act, 2017

Section: XXXIII,60(2)(b),60(2),62,63

Law: Anti-Terrorism Act, 1997

Section: 4

(a)    Elections Act (XXXIII of 2017)--- ----Ss.60(2)(b) & 63---Rejection of nomination papers---Inclusion of candidate's name in 4th Sched. of Anti-Terrorism Act, 1997---Effect---Subsequent freezing of moveable or immoveable property---Opening of a dedicated account for election expenses---Requirement---Frozen bank account under 4th Sched.---Consequences--Mandatory election expense account inoperative---Effect on candidature--- Inability to operate dedicated account constitutes a bar to candidature--Concealment of a criminal case in affidavit---Brief facts were that the appellant filed an appeal under S. 63 of the Elections Act, 2017 challenging the Returning Officer's order rejecting his nomination papers on grounds of concealment of facts--The record showed that an FIR existed against him; that he obtained pre-arrest bail after learning of the case; that his name was placed in the 4th Schedule of the Anti-Terrorism Act, 1997 and his CNIC and bank accounts were consequently frozen; that under S. 60(2)(b) of the Elections Act, maintaining an active bank account for election expenses was mandatory, but due to the freezing order the appellant could not operate his account; and that he had also been declared a proclaimed offender in criminal proceedings which he did not disclose in his nomination papers---Pivotal question requiring determination in the present election appeal was as to "whether the Returning Officer rightly rejected the appellant's nomination papers on the basis of concealment of material facts, specifically the pending criminal cases; his status as a proclaimed offender; and his inclusion in the 4th Schedule which resulted in frozen bank accounts, and whether these circumstances legally disqualified him from contesting the election due to failure to meet mandatory requirements under the Elections Act, 2017"?---Held: Appellant's name had been included in the list of 4th Schedule of the AntiTerrorism Act, 1997, firstly, in the year 2018, secondly in 2021 when it was excluded, however, keeping in view appellant's activities his name had again been included in the said list in 2023---Consequently,…