Law: Constitution of Pakistan, 1962

Section: 98

Law: Electoral College Act (IV of 1964)

Section: 23(5),58

(a) Constitution of Pakistan (1962)------   -----Art. 98 - Jurisdiction, question of-Objection not raised before authorities below-Court would decline to entertain - Question nevertheless examined, petition having been admitted on same very point.   Ghulam Mohi-ud-Din v. Chief Settlement Commissioner etc. P L D 1964 S C 829 ref. (b) Electoral College Act (IV of 1964)------   -----Ss. 23 (5) & 58 Acceptance (vis-a-vis rejection) of invalid nomination paper -Order of Returning Officer accepting nomination paper would be final so far as actual election is concerned-Election Tribunal, however, in petition under S. 58, competent to examine validity of nomination paper and 'declare election' void if invalid nomination paper has been accepted by Returning Officer.   Whereas subsection (5) of section 23 of the Electoral College Act, 1964 does speak of finality in respect of an appellate order passed regarding the rejection of nomination paper, there is no mention at all of any finality attaching to an order accepting a nomination paper. It is true that ever? without such specific mention regarding finality, order of the Returning Officer accepting a nomination paper would appear to be final in so far as the actual election is concerned, for the law does not provide any immediate remedy against it; but this does not mean that there in any statutory bar to the order being subsequently attacked before an Election Tribunal. No such prohibiti6n can be spelt out of section 23 of the Act which is silent on this point.   The combined effect of the relevant provisions of law seems to give to the Election Tribunal a wide power to declare the election of the returned candidate to be void if there has been a contravention of any provision of the Act or the rules, or there has been any material omission on the part of any person to comply with the relevant provisions of law in the conduct of elections. Accordingly it is clear that if an invalid nomination paper has been accepted by a Returning Officer, the Election Tribunal would have the power to declare void the election of such a candidate on the ground that there has been a contraven tion of…