MUHAMMAD FAISAL VAWDA vs ELECTION COMMISSION OF PAKISTAN arts — 2023 SCMR 370 SUPREME-COURT

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MUHAMMAD FAISAL VAWDA VS ELECTION COMMISSION OF PAKISTAN arts. 63(1)(c) & 62(1)(f)--- Pre-election qualification and disqualification of a returned candidate---Election Commission, powers of---Scope---Filing a false affidavit as to citizenship of a foreign country---Good faith and remorse shown by Parliamentarian---Petitioner (Parliamentarian) stated before the Court that he regretted his claim of renunciation of his foreign nationality at the time of filing his nomination papers for the election of National assembly on 07.6.2018; that he had then initiated the process for such renunciation, but the "Certificate of Loss of Nationality" of the foreign country was issued to him on 25.6.2018; that he admitted that he was disqualified from contesting the election under article 63(1)(c) of the Constitution, on the date when he had filed his nomination papers for the election of National assembly, and that his affidavit filed with the nomination papers thus contained an erroneous statement, which he regretted---In order to demonstrate his good faith in remorse for his mistake, petitioner undertook that he would resign from the office of the member of the Senate to which was subsequently elected---In view of such statement and undertaking of the petitioner, the Court need not proceed further in the matter in the peculiar facts and circumstances of the ease---Supreme Court observed that the petitioner shall be bound to comply with his undertaking and shall take immediate steps to present his resignation to the Chairman, Senate, in accordance with law, and that the petitioner shall not be considered disqualified in any subsequent election, on the basis of the present matter.

MUHAMMAD FAISAL VAWDA vs ELECTION COMMISSION OF PAKISTAN arts — 2023 SCMR 370 SUPREME-COURT

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