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JAMSHED IQBAL CHEEMA vs The ELECTION APPELLATE TRIBUNAL Ss — 2022 CLC 463 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 463 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
JAMSHED IQBAL CHEEMA vs The ELECTION APPELLATE TRIBUNAL Ss
Subject matter
Constitutional
Provisions referred to
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

JAMSHED IQBAL CHEEMA VS The ELECTION APPELLATE TRIBUNAL Ss.2(xli), 27 & 60---Constitution of Pakistan, Art.199---Constitutional petition---Enrollment in electoral roll---Pre-conditions---Nomination papers of petitioner/candidate were rejected by Returning Officer as well as Election Appellate Tribunal on the ground that name of proposer was not included in electoral roll of the constituency---Validity---Enrollment in electoral roll was basic and fundamental requirement for a person to be a voter of a particular electoral area---Mere residing in an area or having a temporary or permanent residence in any part of electoral area of a constituency was not a determinative factor to term a person as voter within the meaning of Elections Act, 2017---Provisions relating to proposer and seconder of a candidate in Elections Act, 2017, were mandatory in nature and any defect in respect thereof in nomination, was a defect of substantial nature, and the same could not be cured at subsequent stage and nomination papers invalid on such account could not be allowed to be validated afterwards in exercise of powers either by Returning Officer or even by Appellate Tribunal---High Court declined to interfere in the orders passed by Election forums below---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2022 CLC

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