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Hafiz AMMAR YASIR vs RETURNING OFFICER NA-59 Ss — 2024 PLD 351 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PLD 351 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PLD
Parties
Hafiz AMMAR YASIR vs RETURNING OFFICER NA-59 Ss
Subject matter
Criminal
Provisions referred to
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

Hafiz AMMAR YASIR VS RETURNING OFFICER NA-59 Ss.132 & 133---Election expenses---Exclusive bank account---Object---Candidate contesting elections from more than one constituencies without opening of exclusive account for each of them, gets leverage of incurring expenditure more than the prescribed limit---Such failure frustrates mandate of Ss. 132 & 133 of Elections Act, 2017---Word "exclusive" used in Ss. 132 & 133 of Elections Act, 2017, is self-explanatory. Citation Name: 2024 PLD 351 LAHORE-HIGH-COURT-LAHORE Hafiz AMMAR YASIR VS RETURNING OFFICER NA-59 Ss. 60 & 62---High Court (Lahore) Rules and Orders, Vol. IV, Chap. 12, Rr.11, 14 & 15---Election dispute---Affidavit---Identification of deponent---Non-appearance of deponent before Oath Commissioner---Effect---Appellant/candidate was aggrieved of rejection of his nomination papers by Returning Officer---Validity---Appellant/candidate had to submit affidavit of his assets and liabilities on solemn affirmation attested by Oath Commissioner---Though declaration of appellant was attested by Oath Commissioner but at some unknown time and place---Oath commissioner attested the document in Pakistan whereas appellant was in Saudi Arabia on the given date---Such attestation under Chap. 12 of Volume-IV of High Court (Lahore) Rules and Orders had no legal worth---According to R. 11 of Chap. 12 of Volume-IV of High Court (Lahore) Rules and Orders, if executant of affidavit is not known to the officer appointed to administer oath then he has to be identified by some person known to him and such fact is essentially required to be mentioned at the foot of affidavit---According to Rr. 14 & 15 of Chap. 12 of Volume-IV of High Court (Lahore) Rules and Orders, executant is personally required to appear before Court, Magistrate or officer for an oath or affirmation---Appellant/ candidate never appeared before Oath Commissioner due to his presence in Saudi Arabia---High Court declined to interfere in the order passed by Returning Officer---Appeal was dismissed, in circumstances. Citation Name: 2024 PLD 351 LAHORE-HIGH-COURT-LAHORE Hafiz AMMAR YASIR VS RETURNING OFFICER NA-59 Exclusive---Meaning.

Other judgments reported in 2024 PLD

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