Muhammad Shoaib Shaheen vs Returning Officer NA-46 Ss — 2024 MLD 1976 ISLAMABAD

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Muhammad Shoaib Shaheen VS Returning Officer NA-46 Ss.60, 62 & 63--- Constitution of Pakistan, Art. 62(1)(f)--- Rejecting of nomination papers---Default in Government dues---Righteous and sagacious--- Declaration of disqualification--- Appellant/candidate was aggrieved of rejecting of his nomination papers by Returning Officer for default in government dues and disqualification under Art.62(1)(f) of the Constitution--- Validity--- Bill of property tax available on record revealed that the same was issued in the name of some lady--- Nothing was available on record through which it could be ascertained that appellant/candidate was in knowledge of notice at the time or prior to filing of his nomination papers or that any notice was issued to appellant/candidate requiring him to deposit amount due and such mischief constituted willful default on his part--- Even if it was considered a defect of substantial nature in terms of proviso to section 60(9)(ii) of Elections Act, 2017, such default could be remedied forthwith by directing appellant/candidate to deposit the same and produce receipt thereof--- Order passed by Returning Officer lacked mandatory reasoning as to why he opted not to exercise his discretion by affording opportunity to appellant/candidate to remove defect, even if determined to be of a substantial nature--- In absence of a declaration by a 'Court of law' against appellant/candidate, findings/conclusion of Returning Officer to such effect was restricted to authority vested in him in terms of S.62 of Elections Act, 2017 and not beyond that--- Returning Officer was not vested with any authority to issue declaration of disqualification against a candidate in terms of Art.62(1)(f) of the Constitution--- High Court set aside order passed by Returning Officer as the deficiency had already been removed by depositing outstanding dues forthwith and nomination papers of appellant/candidate were accepted--- Appeal was allowed accordingly.

Muhammad Shoaib Shaheen vs Returning Officer NA-46 Ss — 2024 MLD 1976 ISLAMABAD

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