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Yaar Gul Khan vs Returning Officer, PP-138, Sheikhupura S — 2024 MLD 614 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 614 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Yaar Gul Khan vs Returning Officer, PP-138, Sheikhupura S
Provisions referred to
S. 63----E

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

Yaar Gul Khan VS Returning Officer, PP-138, Sheikhupura S. 63----Election dispute----Nomination papers, rejection of---Default in payment of government dues----Deposit of dues under protest----Effect----Appellant/candidate's nomination papers were rejected by Returning Officer due to outstanding government dues----During pendency of appeal before Election Appellate Tribunal, appellant/candidate had deposited the dues under protest----Validity----Amount subject of appeal would remain subject to final adjudication in the course of exercise of statutory authority within the hierarchy of jurisdiction in accordance with law----Expression of non-existence of any present liability was limited for the purposes of decision of appeal by Election Appellate Tribunal----Liabilities of Federal Board of Revenue were not direct subject matter of proceedings and rights of both the sides were safeguarded to have the underlying controversy thrashed out by concerned statutory fora in accordance with law----Election Appellate Tribunal set aside the order passed against appellant/candidate as the two instances of default which were informed to Returning Officer and resulted in rejection of nomination papers had adequately been addressed----Election Appellate Tribunal accepted nomination papers of appellant/candidate as order of Returning Officer had lost is efficacy----Election Appellate Tribunal directed Returning Officer to include name of appellant/candidate in revised list of validly nominated candidates of the constituency----Appeal was allowed, in circumstances.

Other judgments reported in 2024 MLD

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