Malik AHMAD USMAN NAWAZ vs The APPELLATE TRIBUNAL (ELECTIONS ACT, 2017) for PP-254 (Bahawalpur-X), Bahawalpur

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Malik AHMAD USMAN NAWAZ VS The APPELLATE TRIBUNAL (ELECTIONS ACT, 2017) for PP-254 (Bahawalpur-X), Bahawalpur Ss. 62(9)(c) & 62(9)(d)---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Mismatching of signatures---Returning officer rejected the nomination paper of the petitioner (candidate) for the reason that his signature on the paper did not match that on his CNIC---Validity---Petitioner had appeared throughout in the proceedings regarding his nomination, up to the Supreme Court, and had owned the nomination paper as filed---At no stage did he disown or repudiate the same or the signature thereon---Returning officer had the jurisdiction to reject a nomination paper in terms of section 62(9) of the Elections Act, 2017 ('Act') after a summary enquiry---Clause (d) of subsection (9) allows for rejection if the returning officer is satisfied that the signatures of either the proposer or the seconder are "not genuine"---Clause (d) (which deals specifically with the issue of signatures) does not at all speak of the candidate---Rejection of the petitioner's nomination paper for an alleged mismatch between his signatures as on the nomination paper and on his CNIC was therefore not possible in terms of this clause---Candidate does sign the nomination paper, which has to be in the form as set out in Annex A to the Act---As presently relevant, Form A relates to section 60(2)---Clause (c) of subsection (9) of section 62 allows for the rejection of the nomination paper if the returning officer is satisfied that "any provision of section 60 or section 61 has not been complied with or the candidate has submitted a declaration or statement which is false or incorrect in any material particular"---Thus, the matter of the alleged mismatch could, if at all, have been considered only in terms of this provision---Said provision was, however, not attracted in the facts and circumstances of the present case---First part thereof, namely that any provision of section 60 had not been complied with, was clearly not attracted: the nomination paper was signed by the petitioner who had never repudiated or disowned the same---Latter part, namely that any declaration or statement had been made which was false or incorrect in any material particular, was also not applicable---Firstly, the candidate's signature is neither a "declaration" nor a "statement" within the meaning of either this provision or section 60---Secondly, and more importantly, the falsity or incorrectness has to be "material"---It is a mandatory legal obligation for the returning officer to apply his mind to the test of materiality and record appropriate reasons in this regard---Order in the present case showed no such thing---Furthermore, the alleged mismatch in signatures was in any case not material---This conclusion is bolstered by a reference to para (ii) of the proviso to section 62(9)---Clearly, any mismatch in signatures could be "remedied forthwith" within the meaning thereof, and anything capable of being so dealt with (regardless of whether or not it is actually so rectified) cannot be "material" within the meaning of clause (c)---Thus, on any view of the matter, the objection ought to have been overruled by the returning officer instead of being sustained---Petitioner was entitled to participate in the general election to the Punjab Assembly as a candidate for PP 254---Leave petition was converted into an appeal and allowed; impugned judgment of the High Court as well as the orders of the fora below were set aside with the result that the nomination papers of the petitioner/appellant for PP-254 were deemed accepted and his name was deemed included in the final list of candidates for the General Elections of 2024. Your Search returned total 35531 records from 9550 - 9600

Malik AHMAD USMAN NAWAZ vs The APPELLATE TRIBUNAL (ELECTIONS ACT, 2017) for PP-254 (Bahawalpur-X), Bahawalpur Ss — 2024 SCMR 1202 SUPREME-COURT

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