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Attique Rahman Phulpoto vs Federation of Pakistan through DAG Ss — 2024 MLD 1039 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1039 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Attique Rahman Phulpoto vs Federation of Pakistan through DAG Ss
Subject matter
Constitutional
Provisions referred to
S. 62; S. 63; 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

Attique Rahman Phulpoto VS Federation of Pakistan through DAG Ss. 62 & 63---Constitution of Pakistan, Art. 199---Constitutional petition---Election dispute--- Locus standi---Non-filing of objections---Petitioners assailed acceptance of nomination papers of respondent candidate by Election Appellate Tribunal which set aside the order passed by Returning Officer---Validity---Petitioners did not file any objections to candidature of respondent candidate at the time of scrutiny of his nomination papers under S.62 (i) of Elections Act, 2017---Locus standi of petitioners to challenge order of Election Appellate Tribunal in favour of respondent candidate was under heavy shadow--- Nomination papers of respondent candidate were not rejected on any objection raised by any of the voters of the constituency but by Returning Officer on his own motion considering him as defaulter in payment of government taxes---Even in appeal before Election Appellate Tribunal against such order of Returning Officer, petitioners did not file any application to be made as party under S.63 of Elections Act, 2017, nor opposed appeal in any form---Petitioners lacked competency at such belated stage to challenge order of Election Appellate Tribunal---High Court declined to interfere in order passed by Election Appellate Tribunal as there was no illegality in it and was based on valid reason---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 MLD

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