SANAM JAVAID KHAN vs ELECTION APPELLATE TRIBUNAL, PUNJAB S — 2024 SCMR 819 SUPREME-COURT

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SANAM JAVAID KHAN VS ELECTION APPELLATE TRIBUNAL, PUNJAB S. 60(2)(b)---Election Rules, 2017, R. 51---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Joint bank account for elections expenses---Permissibility---It is not mandatory for the bank account opened or dedicated for the purpose of election expenses to be a single signature account---However, the Election Commission of Pakistan ("ECP") exercising its delegated power under section 239 of the Elections Act, 2017 ('the Act') amended Rule 51 of the Election Rules, 2017 ('the Rules') with the effect that the bank account so opened for the purpose to document election expenditure should not be a joint signatory account---Stipulation in Rule 51 that the bank account so opened or dedicated should not be a joint signatory account is inconsistent with the express provision of section 60(2)(b) of the Act---Since Rule 51 (as amended) travels beyond the ambit of the Act, it is ultra vires and cannot be given any effect, and resultantly, based on it the nomination papers could not be rejected---Leave petition was converted into 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 for PP-150 (Lahore) were deemed accepted and her name was deemed included in the final list of candidates for the General Elections of 2024. Citation Name: 2024 SCMR 819 SUPREME-COURTBookmark this Case SANAM JAVAID KHAN VS ELECTION APPELLATE TRIBUNAL, PUNJAB Rules made under a statute---Scope---If a rule goes beyond the rule-making power conferred by the statute or if a rule supplants any provision for which power has not been conferred, it becomes invalid---Delegated power to legislate by making rules cannot be exercised to bring into existence substantive rights, obligations or disabilities not contemplated by the provisions of the statute. Citation Name: 2024 SCMR 819 SUPREME-COURTBookmark this Case SANAM JAVAID KHAN VS ELECTION APPELLATE TRIBUNAL, PUNJAB Ss. 60(2)(b) & 62(9), Proviso (ii)---Election Rules, 2017, R. 51---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Joint bank account for elections expenses---Permissibility---Column No.3 of the declaration, provided in the nomination papers, by which a candidate is required to declare his/her bank account---Interpretation---Tenor of column No.3 of the declaration provides two options for a candidate---First, the candidate has to declare that he/she has opened an exclusive single signatory account, which means that before filing nomination papers, the candidate has opened an exclusive single signatory account for the purpose of documentary evidence of election expenses---If, for any reason, the candidate cannot open an exclusive single signatory account before filing the nomination papers, the other option for him/her is to declare that he/she will use his/her existing account for the purpose of election expenses---This implies two things: firstly, the existing account may be single or joint, and secondly, a candidate is given the opportunity, if their account is joint, to have it converted into a single signatory account for the purpose of election expenses later on---This option seems to be for those candidates who, due to some exigencies including illness, imprisonment, etc., cannot open their exclusive single signatory bank account or convert their existing joint account to a single signatory account before filing nomination papers---Purpose of providing such a facility can only be to ensure that the citizens are not deprived of their fundamental right, that is, to contest election freely---So the objection, if any, in the present case with regard to the joint bank account declared by the petitioner (candidate), it could not be held to be a defect which was substantial in nature as the petitioner had the option, as stated above, to rectify it under proviso (ii) to subsection (9) of section 62 of the Act, and convert it into single signatory account---This aspect of the matter escaped consideration of the High Court, and so, it misdirected itself while declining the petitioner's prayer---Leave petition was converted into 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 for PP-150 (Lahore) were deemed accepted and her name was deemed included in the final list of candidates for the General Elections of 2024. Citation Name: 2024 SCMR 819 SUPREME-COURTBookmark this Case SANAM JAVAID KHAN VS ELECTION APPELLATE TRIBUNAL, PUNJAB S. 62(9)---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Nomination papers of the petitioner-candidate, who was an under trial prisoner, were rejected by the High Court on the ground that her signatures and thumb impression on nomination papers, Form-B and the Affidavit were not properly attested and, therefore, not genuine---Validity---Scope of inquiry under section 62(9) of the Elections Act, 2017 does not permit the Returning Officer ("RO") to get the signature of the petitioner verified from the jail authorities, nor the non-verification or attestation of the nomination papers by the jail authorities is a condition precedent, nor was the difference in the candidate's signature a valid reason for rejecting the nomination papers, particularly when the petitioner/candidate filed an appeal admitting her signature, and then a constitutional petition---Thus, it could not be used as a basis to draw the inference that signatures were not genuine and to reject the nomination papers---Leave petition was converted into 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 for PP-150 (Lahore) were deemed accepted and her name was deemed included in the final list of candidates for the General Elections of 2024.

SANAM JAVAID KHAN vs ELECTION APPELLATE TRIBUNAL, PUNJAB S — 2024 SCMR 819 SUPREME-COURT

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