Usman Yasin vs Election Appellate Tribunal S — 2025 YLR 1115 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 1115 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Usman Yasin vs Election Appellate Tribunal 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

Usman Yasin VS Election Appellate Tribunal S. 62(9), proviso (ii)--- Constitution of Pakistan, Art. 62(1)(f)---Mis-declaration, allegation of---Nomination papers, rejection of---Disqualification, declaring of--- Returning officer; powers of--- Candidate filed constitu-tional petition against the judgment passed by the Election Appellate Tribunal ('the Tribunal') whereby appeal filed by the respondent (candidate/lady) against rejection of her nomination papers was allowed---Validity---Under S. 62(9)(b) of Elections Act, 2017 ('the Act'), the Returning Officer is empowered to reject nomination paper of a candidate on his own motion or upon an objection raised and found substantiated before him---In the present case, the Returning Officer declared the respondent ineligible to contest the elections under Art. 62(1)(f) of the Constitution, which was beyond the prerogative in summary proceedings---Mere misdeclaration does not constitute disqualification in terms of Art. 62(1)(f) of the Constitution and it can not be termed an error of such a nature which could be remedied by the Returning Officer under proviso (ii) of S. 62(9) of the Act---No illegality or perversity had been found in the impugned judgment, passed by the Elections Appellate Tribunal warranting any interference by the High Court---Constitutional petition being merit-less, was dismissed.

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