JAM ZEESHAN ALI vs RETURNING OFFICER Ss — 2022 CLC 119 KARACHI-HIGH-COURT-SINDH

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JAM ZEESHAN ALI VS RETURNING OFFICER Ss.62, 63 & 133---Election dispute---Nomination papers, acceptance of---Objection, non-filing of---Bank account for election expenses---Petitioner was candidate for bye-election for a seat of Provincial Assembly---During filing of nomination papers he did not file any objection to the papers of respondent candidate, resultantly the same were accepted by Returning Officer--- Petitioner assailed nomination papers of respondent candidate on the plea that he did not open new Bank Account for bye-elections--- Validity---Respondent candidate mentioned exclusive Bank account for election expenditure in nomination form/paper but due to bona fide mistake mentioned the account opened by him for election expenses in year 2018, under the impression that the same would serve out the purpose as required in S.133 of Elections Act, 2017--- Objection was not filed / raised by petitioner and another contesting candidate before Returning Officer at the time of scrutiny of nomination papers of respondent candidate and did not confront him---When respondent candidate realized the mistake, he opened a fresh exclusive Bank account for election expenses and submitted before Returning Officer, who accepted his nomination papers as it fulfilled entire requirement as provided under Ss. 60, 61 & 62 of Elections Act, 2017---Respondent candidate had made substantial compliance---Proceedings before Returning Officer and Election Tribunal were summary in nature---High Court declined to interfere in election process as election program was announced by Election Commission in which respondent candidate had completed nine stages and there was only one stage of polling day was left---Constitutional petition was dismissed, in circumstances.

JAM ZEESHAN ALI vs RETURNING OFFICER Ss — 2022 CLC 119 KARACHI-HIGH-COURT-SINDH

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