WAJID ALI SHAH vs ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Rr

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WAJID ALI SHAH VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Rr.2(P), 9, 62 & 66---Constitution of Pakistan, Art. 199---Constitutional petition---Qualification of candidate---Determination---Petitioner contested election for the seat of General Councilor and secured second highest votes---Election Commission rejected nomination papers of petitioner on ground of lack of qualification---Validity---While determining qualification, Election Commission did not consider powers as provided in Khyber Pakhtunkhwa Local Government (Conduct of Election) Rules, 2021---Order of Election Commission was mainly based upon decision rendered by High Court in a Constitutional petition which was dismissed much earlier to the polling day---Neither nomination papers of petitioner were rejected nor any appeal under law was filed---Election Commission could not exercise all powers of Election Tribunal as in exercising such powers the Commission was to see illegalities or violation of provisions of Election Act, 2017, which had affected result of polls either at one or more polling stations or in the whole constituency and in such case the Commission was to order for repoll and order in question did not reflect any such observation---Election Commission was not competent to declare respondent as returned candidate---Election Commission was not empowered to disqualify a candidate after completion of election process---Election Commission could not exercise all powers as provided in Rr.62 & 55 of Khyber Pakhtunkhwa Local Government (Conduct of Election) Rules, 2021---Powers conferred upon Election Commission under R.9 of Khyber Pakhtunkhwa Local Government (Conduct of Election) Rules, 2021, were restricted within the ambit of R.9(1) of Khyber Pakhtunkhwa Local Government (Conduct of Election) Rules, 2021---High Court set aside the order of the Election Commission---Constitutional petition was allowed accordingly. Head Notes

WAJID ALI SHAH vs ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Rr — 2022 CLC 1507 PESHAWAR-HIGH-COURT

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