SABIRA ASAD vs SAAD BIN ABDULLAH Ss — 2025 PLD 149 QUETTA-HIGH-COURT-BALOCHISTAN

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SABIRA ASAD VS SAAD BIN ABDULLAH Ss.62 & 104(3)---Constitution of Pakistan, Art. 199---Submission/ scrutiny of nomination papers for reserved seats---Powers of Returning Officer of the constituency---Transgression---Invoking constitutional jurisdiction of High Court---Scope---Petitioner (a political party nominated candidate) filed constitutional petition as Returning Officer of her constituency for general seats rejected her nomination papers for reserved seats for women---Validity---Petitioner submitted two nomination papers before Returning Office of relevant constituency at the relevant office, one for general seat for the National Assembly and second for the reserved seat of women for National Assembly from her political party---Record reveals that the nomination papers for the reserved seats for women from her political party were rejected by the said RO---Indisputably, though the said RO was authorized and competent to scrutinize the nomination papers of the candidates from the said constituency for general seats, but had absolutely no authority and power either to accept or reject the nomination papers of a party nominated candidate for the reserved seats as per priority list---Provincial Election Commissioner (PEC) was appointed as Returning Officer for the seats reserved for women and non-Muslims, thus, he (PEC/RO) was competent alone for receipt of nomination papers, scrutiny and decision thereon---In the present case, the petitioner had filed nomination papers for reserved seats for women before the RO of the constituency instead of filing the same before the PEC/RO, which error could have been rectified and corrected by the RO of constituency either by transmitting the nomination papers to the PEC/RO or could have returned the nomination papers to the petitioner to file the same before the competent Returning Officer i.e. (PEC/RO), but the RO of constituency rejected her nomination papers without any lawful authority and jurisdiction, which indeed was required to be rectified and corrected by High Court, while exercising jurisdiction under Art. 199 of the Constitution in order to meet the ends of justice as an aggrieved person cannot be left remediless---High Court declared the order of rejection of the nomination papers null and void and directed the matter to be transmitted to the Provincial Election Commissioner being RO of the reserved seats for women, who after due scrutiny shall render decision thereon forthwith in accordance with law---Consti-tutional petition was allowed accordingly.

SABIRA ASAD vs SAAD BIN ABDULLAH Ss — 2025 PLD 149 QUETTA-HIGH-COURT-BALOCHISTAN

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