PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Dr. FAHMIDA MIRZA vs ELECTION COMMISSION OF PAKISTAN S — 2024 CLC 1253 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1253 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
Dr. FAHMIDA MIRZA vs ELECTION COMMISSION OF PAKISTAN S
Subject matter
Constitutional
Provisions referred to
S. 60; 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

Dr. FAHMIDA MIRZA VS ELECTION COMMISSION OF PAKISTAN S. 60 (2)(d) & Form B---Constitution of Pakistan, Arts. 63(1)(n) &199---Constitutional petition---Nomination for election---Statements of assets and liabilities---Principle---Petitioner / candidate was aggrieved of rejecting of her nomination papers for not disclosing her liability as Guarantor to a Sugar Mill---Validity---Wording of S.60(2)(d) of Elections Act, 2017, is monosemous---Petitioner / candidates was required to declare her assets and liabilities and of her spouse and dependent children as on 30th day of June, 2023---Wordings of Form-B duly issued by Election Commission of Pakistan were unequivocal/unambiguous as well casting no doubt as to the cut-off date being 30-06-2023 for the declaration of assets and liabilities---Provision of Art.63(1)(n) of the Constitutional was conclusive to the extent that it did not talk about liability of business/company or liability of guarantors---Petitioner candidate did not obtain any personal loan, whereas, loan was obtained by Public Limited Company in the name of Mirza Sugar Mills Limited---Any different interpretation apart from simple wordings of Art. 63(1)(n) of the Constitution would amount to reading into the Constitution, which was disapproved by the Supreme Court---Petitioner candidate was sued in her capacity as an indemnifier and in such capacity recovery against her had to wait until all assets of the liquidated company were sold---High Court set aside orders passed by Returning Officer and Election Tribunal rejecting nomination papers of petitioner / candidate---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2024 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English