NADEEM UL ZAFAR KHAN vs RETURNING OFFICER, NA-47 S — 2024 PLD 122 ISLAMABAD

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NADEEM UL ZAFAR KHAN VS RETURNING OFFICER, NA-47 S. 63---Transgender Persons (Protection of Rights) Act (XIII of 2018), Ss. 2(1)(f) & 3---Constitution of Pakistan, Art. 51---Election dispute---Transgender---Right to contest election---Appellant was aggrieved of acceptance of nomination papers of respondent who was a transgender---Validity--- In dynamic landscape of democratic societies, principles of equality, justice and rule of law stand as the bedrock upon which inclusive governance is built---Within such framework, issue of transgender individuals' right to contest elections emerges as a crucial facet of ongoing pursuit of a more representative and equitable democracy---Nation's development and prosperity rests on upliftment of society in general and individuals in particular---Society can have socio-economic upliftment if all sections of the society are part of upliftment in the society---Discrimination, marginalization, and stigmatization are attached to lives of most persons living as transgender in Pakistan---Especially in developing countries, socially excluded communities are more vulnerable---Transgender community is one of the finest examples of such a group that remains lesser in the eyes of the law and is left behind in mainstream activities---Though visibility of transgender people is increasing in daily life, they are still discriminated against, disrespected, and downtrodden---One of the main challenges faced by transgender people is how to live a normal life in a society that maintains rigid gender norms and beliefs---In a society dominated by two prominent genders, representation of transgender persons at local, provincial and national levels is crucial---Provision of Art. 51 of the Constitution provides that every citizen of Pakistan having attained the age of eighteen years, if his name appears on electoral roll, is entitled to vote, unless declared by a Court to be of unsound mind---Constitution and the law focus on the expression "citizen" so as to exercise right of vote and to be elected to hold public office---Provisions of the Constitution and law to the extent of General Seats of the National Assembly are gender neutral---Individuals of transgender community are constitutionally and legally qualified to contest elections---Appeal preferred against Federal Shariat Court's judgment concerning Transgender Persons (Protection of Rights) Act, 2018, remained suspended by operation of Constitutional provision i.e. Art. 203D of the Constitution---High Court declined to interfere in the matter as the appellant was not a registered voter of the constituencies - NA 46 & NA 47, and had not filed objections at the time of scrutiny before concerned Returning Officer---Appeal was dismissed, in circumstances.

NADEEM UL ZAFAR KHAN vs RETURNING OFFICER, NA-47 S — 2024 PLD 122 ISLAMABAD

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