WAJID UR REHMAN vs ELECTION COMMISSION OF PAKISTAN arts — 2024 CLC 885 LAHORE-HIGH-COURT-LAHORE

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WAJID UR REHMAN VS ELECTION COMMISSION OF PAKISTAN arts. 62 & 63(1)(c)---Elections act (XXXIII of 2017), S.62---Pakistan Citizenship act (II of 1951), S. 14(3)---Foreign nationality, relinquishment of---Scope---Returning Officer ('RO') rejected nomination papers of the candidate contesting for seat of Provincial assembly for having foreign nationality---Contention of the appellant (candidate) was that he had initiated the process for the relinquishment of his foreign nationality and had moved an application in said regard---Validity---Document, presented by the appellant in support of said/such claim, only depicted that he had initiated the process of renunciation of his foreign nationality which had yet not attained finality---Inexorably, appellant was a foreign national even today as his request for relinquishment of UK nationality was still awaited---as a necessary consequence, it could unambiguously be gathered that the appellant was still enjoying his foreign nationality, thus his nomination papers were hit by the impediment contained in art. 63(1)(c) of the Constitution---Election appeal, being meritless, was dismissed, in circumstances. Citation Name: 2024 CLC 885 LAHORE-HIGH-COURT-LAHORE WAJID UR REHMAN VS ELECTION COMMISSION OF PAKISTAN arts. 62 & 63(1)(c)---Elections act (XXXIII of 2017), S. 62---Pakistan Citizenship act (II of 1951), S. 14(3)---Foreign nationality---Word 'or' used in art. 63(1)(c) of the Constitution---Scope---Returning Officer ('RO') rejected nomination papers of the candidate contesting for seat of Provincial assembly for having foreign nationality---Contention of the appellant (candidate) was that a foreign national would become disqualified from contesting election only if he ceased to be a citizen of Pakistan---appellant mainly focused on the ground that the word 'or' used in art. 63(1)(c) of the Constitution between the condition of ceasing of Pakistan nationality and accusation of foreign citizenship in fact was to be read as 'and'---Validity---Word 'or' used in art.63(1)(c) of the Constitution was disjunctive and that a person holding a dual nationality of a foreign State though legally in view of S.14(3) of the act of 1951, nevertheless would not be entitled to be elected or chosen as, or hold the Office of a Member of Parliament---Election appeal, being meritless, was dismissed, in circumstances. Citation Name: 2024 CLC 885 LAHORE-HIGH-COURT-LAHORE WAJID UR REHMAN VS ELECTION COMMISSION OF PAKISTAN S. 62---Nomination papers, scrutiny of---Returning Officer---Powers and duties---Scope---Primary duty of Returning Officer is to ensure that no person who by law is not eligible to contest elections is ousted from the electoral process at the very initial stage of scrutiny under S.62 of the Election Act, 2017---While scrutinizing the nomination papers the Returning Officer must make a just, fair and unbiased assessment about the credentials of the candidate for making a decision that he is qualified or not to contest the elections.

WAJID UR REHMAN vs ELECTION COMMISSION OF PAKISTAN arts — 2024 CLC 885 LAHORE-HIGH-COURT-LAHORE

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