MUHAMMAD SALMAN vs NAVEED ANJUM Ss — 2021 SCMR 1675 SUPREME-COURT

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MUHAMMAD SALMAN VS NAVEED ANJUM Ss. 4(1), 9(1), 154(b) & Chapt. IX---Constitution of Pakistan, Arts. 218(3) & 222---Powers and jurisdiction of the Election Commission ('the Commission') to declare a poll void under S. 9 of the Elections Act, 2017---Scope---Petition filed before the Commission alleging that the returned candidate-appellant was underage (less than 25 years old) on the date of filing his nomination papers---Commission set-aside the election of the appellant by declaring it void under S. 9 of the Elections Act, 2017---Legality---Commission had the jurisdiction to embark to examine the inherent disqualification of a returned candidate post-elections---Section 9 of the Elections Act 2017 ('the 2017 Act'), was an enabling power emanating from the Constitutional mandate of Art. 218(3), together with concluding part of Art. 222 of the Constitution---Authority of Commission was not dependent on any formal complaint but the Commission was obligated to exercise its inherent powers to issue such declarations and order repolling when on the basis of any information before it, having conducted an enquiry through which it was satisfied that by reasons of grave illegalities or such violations of the provisions of Act of 2017 or the relevant Rules as had materially affected the result of the poll---Though the Commission was deemed to be an Election Tribunal by the operation of S. 9(4) of the Act of 2017, yet the independence of Commission was not compromised, and it was not enslaved to procedural trapping of Chapter IX of the Act of 2017, unlike the Election Tribunal---Commission may issue any one of the declarations provided for under S. 154(b) of the Act of 2017 respectively or issue orders accordingly in exercise of powers conferred through S. 4 of the same Act---In the present case, the Commission was adjudicating on a matter brought to its surveillance under the authority vested in it by virtue of Art. 218(3) read with Art. 222 of the Constitution and with S. 4 as well as S. 9 of the Act of 2017---Commission exercised the enabling power contained under S. 9 of the Act of 2017 backed by the Constitutional mandate, by enquiring into the matter through information laid before it by a voter, and on another complaint of similar nature in the form of Constitutional petition, transmitted to it by the High Court---Inquiry conducted into the allegation against the appellant regarding his qualifying age (i.e 25 years of age) was a alid ground for declaring election of a returned candidate void---Commission had exercised its constitutional function and declared the election void and the same could not be struck down unless it was demonstrated that the declaration made by the Commission, after holding enquiry into his age and obtaining CNIC card with different age to earn eligibility to contest election was nothing but, mala fide in law---Appeals were dismissed.

MUHAMMAD SALMAN vs NAVEED ANJUM Ss — 2021 SCMR 1675 SUPREME-COURT

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