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NAZ TAHIR vs KAFAYAT ULLAH S — 2024 SCMR 508 SUPREME-COURT

Case information

Citation
2024 SCMR 508 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
NAZ TAHIR vs KAFAYAT ULLAH S
Provisions referred to
S. 62---C; 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

NAZ TAHIR VS KAFAYAT ULLAH S. 62---Constitution of Pakistan, Art. 62(1)(d), (e), (f) & (g)---Elections for seat of National Assembly---Nomination papers---Nomination papers of petitioner (candidate) rejected by the High Court on the ground that she was the wife of a proclaimed offender---Counsel for the petitioner submitted that there was no provision under the Constitution or the Elections Act, 2017 that deprived the petitioner from contesting elections on this ground---Validity---Counsel for the Election Commission of Pakistan (ECP) had not been able to show the Court any such provision of law---Article 62(1) (d), (e), (f) and (g) of the Constitution was not self-executory and served as guidelines for the voters in exercising their right to vote---Operation of the impugned order of the High Court was suspended with the direction that the nomination paper of the petitioner shall stand provisionally accepted and the ECP shall continue taking all the steps required in the electoral process including printing of the ballot papers, allocation of symbol etc., in view of present order.

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