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CH. MUHAMMAD ASHRAF vs Malik MUHAMMAD MUZAFFAR KHAN S — 2022 CLC 2045 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 2045 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
CH. MUHAMMAD ASHRAF vs Malik MUHAMMAD MUZAFFAR KHAN S
Provisions referred to
S. 62---N; S. 60; S. 62; Elections Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CH. MUHAMMAD ASHRAF VS Malik MUHAMMAD MUZAFFAR KHAN S.62---Nomination papers---Scrutiny---Rectification of defects---Scope---Question before Election Tribunal was whether a candidate who had filed nomination papers as per requirement of S. 60(2)(d) of the Elections Act, 2017 read with Form-A and Form-B, could move an application for rectification of some information before the closing date as notified by the Election Commission of Pakistan---Held; that plain reading of S. 62(9)(d)(ii) of Elections Act, 2017 revealed in unequivocal terms that the Returning Officer shall not reject a nomination paper on the ground of any defect which was not of a substantial nature and might allow any such defect to be remedied forthwith, including an error in regard to the name, serial number in the electoral roll or other particulars of the candidate or his proposer or seconder so as to bring them in conformity with the corresponding entries in the electoral roll---Candidate himself had pointed out the omission, therefore, the same was not substantial in nature---Application for rectification was filed within the timeframe given by Election Commission---No illegality or perversity was found in the impugned orders---Appeals were dismissed.

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