TAHIR SADIQ vs FAISAL ALI arts — 2024 SCMR 775 SUPREME-COURT

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TAHIR SADIQ VS FAISAL ALI arts. 17(2), 19, 62 & 63---Elections act (XXXIII of 2017), S. 62---Elections---Right to vote for a candidate of one's choice---Scope---Interpretation of elections laws in favour of enfranchisement rather than disenfranchisement---Nomination papers for elections---acceptance or rejection---Principles. Citation Name: 2024 SCMR 775 SUPREME-COURTBookmark this Case TAHIR SADIQ VS FAISAL ALI Ss. 62, 231 & 232---Constitution of Pakistan, Arts. 62 & 63---Criminal Procedure Code (V of 1898), S. 87---Elections for seat of National Assembly---Nomination papers---Proclaimed offender---Nomination papers of petitioner (candidate) rejected by the High Court on the ground that he was a proclaimed offender in a criminal case---Validity---Counsel for the Election Commission of Pakistan (ECP) could not show any proclamation issued against the petitionerunder Section 87 of the Code of Criminal Procedure 1898 ("Cr.P.C.")---Objector, too had no document to establish that the petitioner was a proclaimed offender---In the absence of proceedings taken under Section 87, Cr.P.C, an accused cannot be said or treated to be a proclaimed offender---Further, as the rule of declining discretionary reliefs to a proclaimed offender is one of propriety when the same is confronted with a right, it is the right, not the rule of propriety, that prevails---The disadvantage, if any, forbeing a proclaimed offender ordinarily relates only to the case in which a person has been so proclaimed, and not to the other cases or matters which have no nexus to that case, for instance the civil right of a person to contest an election---In the absence of any contrary provision in the Constitution or the Elections Act 2017 ("Act"), status of being a proclaimed offender in a criminal case does not affect said right of a person---Counsel for the ECP could not point out any provision either in the Constitution or in the Act that empowers the Returning Officers to reject the nomination papers of the candidates on the ground of their being proclaimed offenders---Since there is no law that makes a proclaimed offender disqualified from contesting election, the Returning Officers, the Appellate Tribunals or the Courts cannot on their own create such additional disqualification, without the backing of law---Articles 62 and 63 of the Constitution read with Sections 231 and 232 of the Act provide for qualification and disqualification of a candidate, which does not mention that a "proclaimed offender" is disqualified from being elected or from being a member of Parliament---Grounds provided for rejection of a nomination paper in Section 62(9) of the Act also do not empower the Returning Officers to reject the nomination paper of a candidate on the ground of his being a proclaimed offender---Petitions were converted into appeals and the same were allowed; the impugned orders of the High Court were set aside and the nomination paper of the petitioner for the seat of a Member of the National Assembly stood accepted.

TAHIR SADIQ vs FAISAL ALI arts — 2024 SCMR 775 SUPREME-COURT

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