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Ch. MUHAMMAD ARSHAD vs PERVEZ ELAHI S — 2024 CLC 1151 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1151 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
Ch. MUHAMMAD ARSHAD vs PERVEZ ELAHI S
Subject matter
Constitutional
Provisions referred to
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 ARSHAD VS PERVEZ ELAHI S. 62(9), second proviso---Election dispute---Nomination papers, acceptance of---Defect not substantial---Petitioner was aggrieved of acceptance of nomination papers of respondent / candidate by Election Tribunal---Plea raised by petitioner was that in nomination papers respondent / candidate did not declare certain properties owned by him through inheritance and land owned by his wife as well as weapons owned by him were also not disclosed---Validity---It was duty of Returning Officer to scrutinize nomination papers in the best interest of justice and to uphold fundamental rights of individual to contest elections---Instead of rejecting nomination papers, Returning Officer could direct respondent / candidate to mention the same in statement of assets---Returning Officer, in view of second proviso to S. 62(9) of Elections Act, 2017, should not reject any nomination paper on the ground of any defect which was not of a substantial nature and may allow such defect to be remedied---There was no column in election form where a candidate could give details of his weapons but the value of weapons were duly disclosed / mentioned in statement of assets---Respondent / candidate could contest election as independent candidate or to participate with certificate of a party as candidate of such party, as there was no bar---High Court declined to interfere in order passed by Election Tribunal accepting nomination papers of respondent / candidate---Constitutional petition was dismissed, in circumstances.

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