NAFEESA REHMAN vs The ELECTION TRIBUNAL BALOCHISTAN, QUETTA S — 2025 PLD 9 QUETTA-HIGH-COURT-BALOCHISTAN

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NAFEESA REHMAN VS The ELECTION TRIBUNAL BALOCHISTAN, QUETTA S. 104---Constitution of Pakistan, Arts. 224, 225 & 226---Reserved seats for women in Assemblies---Nomination paper, late filing of---Effect---Petitioner/lady assailed the dismissal order passed by the Election Tribunal whereby dismissal order passed by the Returning Officer for the reserved seats for women in National Assembly as well as in Provincial Assembly was upheld---Election Commission of Pakistan (ECP) issued revised schedule for filing of nomination paper in the General Elections to be held on 08.02.2024---Petitioner submitted her application to the Returning Officer after six days of the cut-off date for filing of nomination paper; which application was rejected by the Returning Officer---Validity---It is the mandate of S. 104 of the Elections Act, 2017, that for the purpose of election on seats reserved for women and non-Muslims in an Assembly, the political parties contesting election for such seats shall, within a period fixed by the Commission for submission of nomination paper, file separate list of their candidates in order to priority for seats reserved for women and non-Muslims with the Commission or, as it may direct, with the Provincial Election Commission or other authorized officer of the commission, who shall forthwith cause such list to be published for information of the public---Subsection (7) of S. 104 of the Elections Act, 2017, further mandates that the candidate contesting election of the said reserved seats for women or non-Muslim shall submit the nomination papers and its annexures to Returning Officer appointed by the Commission in this behalf---Admittedly, the petitioner had not submitted her nomination papers on the said reserved seats for women within the cut-off date (i.e. 24.12.2023) and had filed her application after six days of cut-off date for seeking permission to file nomination papers, which was not permissible under S. 104 of the Elections Act, 2017, therefore, the said application was rejected by the respondent/Election Tribunal on justifiable reason following the provision of law and the Election Tribunal had also passed the order in accordance with law---Word "election" in Arts. 225 & 226 of the Constitution connotes the entire electoral process commencing with the issue of notification calling the election and culminating in the declaration of result, and the electoral process once started cannot be interfered with at any intermediate stage by the Court---Scheme of Constitution under Arts. 224 & 225 of the Constitution and the Elections Act, 2017, seems to be that any matter which has the effect of vitiating the election should be brought up only at the appropriate stage in an appropriate manner before the Special Tribunal and not otherwise---When law stipulate that something has to be done in a prescribed manner it must be done in that manner and should not be done otherwise---Constitutional petition was dismissed, in circumstances.

NAFEESA REHMAN vs The ELECTION TRIBUNAL BALOCHISTAN, QUETTA S — 2025 PLD 9 QUETTA-HIGH-COURT-BALOCHISTAN

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