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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Usman Yasin VS Election Appellate Tribunal S. 62(9)---Nomination papers of a candidate, rejection / acceptance of---Returning Officer powers of---Candidate remaining un-heard---Effect---Candidate filed constitutional 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---Record revealed that the candidature of the respondent was rejected by the Returning Officer on the ground of non-payment of government dues (token tax on three vehicles) and non-mentioning of certain assets at the time of submission of nomination papers---Section 62(9) of the Elections Act, 2017 ('the Act') demonstrates that the Returning Officer may conduct summary inquiry for the purpose of accepting or rejecting the nomination papers on the grounds mentioned in sub-sections of S. 62(9) of the Act---However, in the present case, neither any notice was issued to the respondent by the Returning Officer nor she was provided any opportunity to defend the allegations levelled in the objection petition in terms of S. 62(9) of the Act---When an adverse action is contemplated to be taken against the person/persons, he/they have a right to defend such action, notwithstanding the fact that the statute governing their rights does not contain provision of the principle of natural justice and even in absence thereof it is to be read/ considered as a part of such statute in the interest of justice---While the respondent later paid said government dues, the Tribunal had rightly allowed appeal filed by the respondent (lady / candidate)---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.

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

Case information

Judgment text as reported

Other judgments reported in 2025 YLR