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UMAR ASLAM KHAN vs ELECTION COMMISSION OF PAKISTAN S — 2024 SCMR 553 SUPREME-COURT

Case information

Citation
2024 SCMR 553 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
UMAR ASLAM KHAN vs ELECTION COMMISSION OF PAKISTAN S
Subject matter
Criminal
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

UMAR ASLAM KHAN VS ELECTION COMMISSION OF PAKISTAN 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 he was a proclaimed offender in a criminal case---Validity---There was no provision either in the Constitution or in the Elections Act, 2017 that made a proclaimed offender disqualified from contesting the election, and the courts cannot on their own create such additional disqualification, without any backing of the law---Further, in this particular case, the petitioner was declared a proclaimed offender in a criminal case, however, he obtained a protective bail in the case by surrendering himself to the court; he, therefore, could not be considered a proclaimed offender---Furthermore Article 62(1)(d), (e), (f) and (g) was not self-executory and served as guidelines for the voters in exercising their right to vote, hence even being a proclaimed offender did not attract the disqualification under the said provisions--- Petition was converted into an appeal and the same was allowed; the impugned order of the High Court was set aside and the nomination paper of the petitioner for the seat of a Member of the National Assembly stood accepted with the direction to the Election Commission of Pakistan (ECP) to ensure that all the necessary steps to be taken in the electoral process were completed forthwith so that the petitioner could contest the election on the scheduled date for the seat in question, without fail.

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