Sardar Muhammad Umer Khan Khosa vs Election Commission of Pakistan, Islamabad S — 2025 MLD 376 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 376 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Sardar Muhammad Umer Khan Khosa vs Election Commission of Pakistan, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 62; 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

Sardar Muhammad Umer Khan Khosa VS Election Commission of Pakistan, Islamabad S.62(9)(c)---Election for seat of Provincial Assembly---Scrutiny---Nomination paper, rejection of---Rejection of nomination paper of the petitioner on the ground of non-submission of requisite NOCs. and attachment of transcript of his brother---Validity---As per NOCs no liability was existing against petitioner, who claimed that the same were presented before the Returning Officer before expiry of the scheduled date and time for scrutiny of nomination papers and this fact had not been negated by the other side---Omission to tender the NOCs while filing nomination papers was not a lapse/defect of such a grave nature which could invite extreme measure of rejection of the nomination papers and such an omission could have been fatal if it was designed to avoid the liability or intended to conceal some unlawful activity---Alleged mistake of filing transcript of petitioner's brother was not a defect of such a nature which could attract any express provision qua disqualification or rejection of nomination papers provided in the Elections Act, 2017---Neither any specific direction was issued by the Returning Officer nor a fair opportunity was provided to petitioner to cure the said defects/lapses, which was not a proper exercise of jurisdiction and such material aspect of the matter also escaped the notice of Election Tribunal---Constitutional petition was allowed, in circumstances.

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