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Hina Bibi vs Election Commission of Pakistan S — 2024 MLD 650 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 650 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Hina Bibi vs Election Commission of Pakistan S
Subject matter
Constitutional
Provisions referred to
S. 57

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

Hina Bibi VS Election Commission of Pakistan S.57(2)(a)---Constitution of Pakistan, Art. 199---Constitutional petition---Reserved seat---Change of forum---Petitioner filed her nomination papers for a seat reserved for women---Contention of petitioner was that she intended to file her nomination papers for National Assembly but inadvertently it was filed for Provincial Assembly---Validity---Returning Officer was blessed with limited powers to make correction in a nomination form submitted for the seats he was dealing with---Returning Officer was not authorized to bring substantial changes to nomination---No competence was provided to Returning Officer notified for the seat in Provincial Assembly to make such change and transmit nomination form of petitioner to Returning Officer who was dealing with the seats reserved for women in National Assembly---Attending circumstances did not permit the concerned Returning Officer to bring substantial changes as per wishes of petitioner who was knocked out of the contest---High Court declined to interfere in the order passed by Returning Officer as the same was neither arbitrary nor mechanical---Constitutional petition was dismissed, in circumstances.

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