Mst. QAISRA ELAHI vs RETURNING OFFICERS Exclusive — 2024 CLC 437 LAHORE-HIGH-COURT-LAHORE

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Mst. QAISRA ELAHI VS RETURNING OFFICERS Exclusive---Meaning. Citation Name: 2024 CLC 437 LAHORE-HIGH-COURT-LAHORE Mst. QAISRA ELAHI VS RETURNING OFFICERS Ss. 60 &62---Election dispute---Concealing of facts---Incorrect declaration of assets and foreign trips---Appellants / candidates were aggrieved of rejection of their nomination papers by Returning Officer---Validity---Lahore Modern Flour Mills (Pvt.) Limited was incorporated under Companies Ordinance, 1984, with Security and Exchange Commission of Pakistan on 16-12-2008 and appellant / candidate had about 49% of its shares---Appellant / candidate was legally obliged to mention his shares of Lahore Modern Flour Mills (Pvt.) Limited in his nomination papers but he omitted to do so---Appellant / candidate had four foreign trips, out of which three were of UAE and one of Turkey, which foreign trips were declared to have incurred a cost of Rs.1,501,450/- but in her Tax Returns for year 2023, she mentioned her total personal expenses as Rs.2,477,050/- out of which Rs.1,501,450/- were described as having been paid as electricity charges and Rs.975,600/- as household expenses---Appellant / candidate mentioned nothing about expenses incurred on her foreign tours in Tax Return for year 2023 nor described any source in such regard---Such omission gained significance when seen in the context that the information about the cost incurred on foreign trips was required to be submitted according to the Format of Declaration of Assets and Liabilities---High Court declined to interfere in the order passed by Returning Officer---Appeal was dismissed, in circumstances. Citation Name: 2024 CLC 437 LAHORE-HIGH-COURT-LAHORE Mst. QAISRA ELAHI VS RETURNING OFFICERS Ss.132 & 133---Election expenses---Exclusive bank account---Object---Separate account for election expenditure is the only way out for examining expenses incurred by a candidate during his campaign---Words "exclusive" and "dedication" towards opening of accounts further manifest the intention of Legislature aimed at keeping a watch over the wasteful election expenses. Citation Name: 2024 CLC 437 LAHORE-HIGH-COURT-LAHORE Mst. QAISRA ELAHI VS RETURNING OFFICERS Rules of interpretation---Scope---Legal provision can be scanned through four rules of interpretation which are classified as literal rule, golden rule, mischief rule and purposive rule---If literal interpretation of a legal provision gives rise to an irrationality, the golden rule of interpretation can be used for ascertaining legislative intent to give it a practical effect.

Mst. QAISRA ELAHI vs RETURNING OFFICERS Exclusive — 2024 CLC 437 LAHORE-HIGH-COURT-LAHORE

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