Law:

Section:

Representation of the People Act (LXXXV of 1976)-- ----Ss. 14(5), 14(3) [as amended by Representation o€ the People (Amendment) Ordinance (XII of 1996)]---Constitution of Pakistan (1973), Art.199--Constitutional petition---Locus standi of voter to file appeal against acceptance/rejection of nomination papers of candidate---Amendment made in S.14(3), Representation of the People Act, 1976, although granted right to voter to raise objections. to nomination papers of candidate, yet there being no corresponding amendment in S.14(5) of the Act, right to file appeal against acceptance/rejection of nomination papers could not be exercised by voter but by a candidate alone---Right of appeal must be expressly conferred and could not be implied---Where candidate's nomination papers were rejected on appeal filed by voter, whose objection had been repelled by Returning Officer, such appeal being clearly incompetent, Election Tribunal could not have assumed jurisdiction of the same---Impugned order of Election Tribunal being wholly void or without jurisdiction, Constitutional petition could be maintained---Order of Election Tribunal whereby nomination papers of petitioners were rejected was declared to be without lawful authority and of no legal effect. Mistri Allah Din v. Fazal Muhammad and another PLD 1991 SC 52; Javed Hashmi's case PLD 1989 SC 396 and Sardar M. Jamal Khan Leghari v. Sardar Zulfigar Ali Khan Khosa PLD 1997 Lah. 250 rel. JUDGMENT MALIK MUHAMMAD QAYYUM, J.--This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question order dated 7-1-1997 passed by the Election Tribunal constituted under section 14 of Representation of the People Act, 1976 to hear appeals against the decision of the Returning Officer, accepting or rejecting the nomination as the case may be. 2. The nomination papers of the petitioner Arshad Imran Sulehri was objected to before the Returning Officer by respondent No.3 Muhammad Latif Mughal. His objections were, however, overruled by the Returning Officer who accepted the nomination of the petitioner vide his Order dated 28-12-1996 whereupon respondent No.3 took the matter in appeal before the…

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