Rana MUHAMMAD ASIF TAUSEEF vs ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad art

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Rana MUHAMMAD ASIF TAUSEEF VS ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad art. 199---Constitutional jurisdiction of the High Court---Scope of Constitutional jurisdiction of the High Court and principles relating to its exercise stated. Head NotesCase Description Citation Name: 2022 SCMR 1344 SUPREME-COURTBookmark this Case Rana MUHAMMAD ASIF TAUSEEF VS ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad Responsibility of the Court to be vigilant while exercising its authority either in original jurisdiction or constitutional jurisdiction cannot be absolved. Head NotesCase Description Citation Name: 2022 SCMR 1344 SUPREME-COURTBookmark this Case Rana MUHAMMAD ASIF TAUSEEF VS ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad Ss. 60(2)(d) & 62(9)(c)--- Nomination papers, rejection of---Legality---Objections raised against eligibility of appellant-candidate were that a decree was passed against his spouse by the Banking Court; and that his name was mentioned in report of Credit Information Bureau (CIB)---High Court while pressing into service section 62(9)(c) of the Elections Act, 2017 ('the Act') declared the appellant ineligible to contest elections while directing the Returning Officer to delete his name from the list of the candidates---Held, that in terms of section 60(2)(c) of the Act, the assets, liabilities of the appellant, his spouse and dependent children were to be disclosed on the preceding thirtieth day of June as required in Form B duly issued by the Election Commission of Pakistan (ECP) i.e. 30-06-2017---According to election schedule announced by the ECP, general election was to be held in 2018 while the appellant was supposed to furnish the details of personal assets and liabilities and dependents including his spouse till 30th June, 2017 as per the demand of law duly mentioned in section 60(2)(d) of the Act---Decree issued by the Banking Court which was made basis by the High Court for declaration qua rejection of the nomination papers of appellant was passed against the spouse of the appellant on 04-12-2017, i.e. after the cut-off date as envisaged in section 60(2)(d) of the Act---High Court while adjudicating the matter mis-interpreted section 62(9)(c) of the Act, therefore, the impugned judgment was based on misconception of law---Appeal was allowed, impugned judgment of High Court was set aside and judgments of Election Tribunal and the Returning Officer accepting the nomination papers submitted by the appellant, were restored. Head NotesCase Description Citation Name: 2022 SCMR 1344 SUPREME-COURTBookmark this Case Rana MUHAMMAD ASIF TAUSEEF VS ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad Every Judge must wear all the laws of the country on the sleeve of his robes. Head NotesCase Description Citation Name: 2022 SCMR 1344 SUPREME-COURTBookmark this Case Rana MUHAMMAD ASIF TAUSEEF VS ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad art. 17---Freedom of association---Scope---Participation in elections is a constitutional right. Head NotesCase Description

Rana MUHAMMAD ASIF TAUSEEF vs ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad art — 2022 SCMR 1344 SUPREME-COURT

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