Muhammad Israr vs Muhammad Muavia S — 2025 YLR 1361 LAHORE-HIGH-COURT-LAHORE

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Muhammad Israr VS Muhammad Muavia S.60(2)(b) --- Nomination papers, rejection of ---Name of candidate listed in 4th Sched. of Anti-Terrorism Act, 1997 --- Bank accounts frozen---Effect---Appellant (candidate) assailed order passed by the Returning Officer whereby he, by over-ruling the objections raised by appellant, accepted the nomination papers of respondent (candidate from the same constituency)---Assertion of the appellant was that respondent's name had been listed in 4th Sched. of Anti-Terrorism Act, 1997; that CNIC and account of such a person were blocked under the law; that an active account was mandatory requirement for a candidate, which requirement had not been fulfilled by the respondent --- Validity --- It was a matter of record that respondent's name had been included in the list of 4th Sched. of the Anti-Terrorism Act, 1997, by the Government of the Punjab, Home Department, vide relevant order --- According to the said order , money or any other property owned or controlled wholly or partly, directly or indirectly shall stand frozen--- According to S.60(2)(b) of the Elections Act, 2017, opening of a dedicated account for the purpose of election expenses was essential for every candidate --- Since, during the existence of said order, respondent's account remained frozen and he was unable to utilize the same for the purpose of election expenses , therefore, said fact alone was sufficient to preclude him from contesting the elections ---Returning Officer had failed to take into consideration valid objections of the appellant and wrongly proceeded to accept the nomination papers in a hasty manner---Elections Appellate Tribunal rejected the nomination papers of the respondent from the constituency---Appeal was allowed, in circumstances. Citation Name: 2025 YLR 1361 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Israr VS Muhammad Muavia S. 60---Nomination papers, rejection of---Criminal case, registration of---Proclaimed offender---Concealment of fact(s)---Effect---Appellant (candidate) assailed order passed by the Returning Officer whereby he, by over-ruling the objections raised by the appellant, accepted the nomination papers of respondent (candidate from the same constituency)---Assertion of the appellant was that the respondent was proclaimed offender in two criminal cases but he intentionally avoided to disclose the same in the nomination papers, which tantamount to concealment of facts, as such nomination papers of the respondent were liable be rejected --- Validity --- Admittedly, the respondent was a proclaimed offender in a criminal case (FIR ) and challan against him under S.512 Cr.P.C. was already submitted in the Trial Court, but said case (FIR) was not disclosed by him in his affidavit---Although the respondent claimed ignorance of registration of any such case against him and also secured pre-arrest bail in the said case but the explanation qua non-awareness of said case did not appeal to reasons---Respondent was declared proclaimed offender after adopting proper procedure of law, as such he could not claim that he was not aware of said case --- Further, the respondent was fugitive from law in the said criminal case for the last more than eight years, therefore, securing pre-arrest bail in the said case, after objections of the objectors did not change his status of proclaimed offender--- Furthermore, Police Officer, in attendance, had disclosed that the respondent was also a proclaimed offender in yet another criminal case (FIR) for the last more than one decade and in said case ,admittedly , the respondent had not surrendered before the Court of law--- Respondent had also concealed said /second case in his affidavit which tantamount to concealment of facts, rendering the respondent ineligible to contest the elections--- Thus, the Returning Officer had failed to take into consideration valid objections of the appellant and wrongly proceeded to accept the nomination papers in a hasty manner--- Elections Appellate Tribunal rejected the nomination papers of the respondent from the constituency --- Appeal was allowed.

Muhammad Israr vs Muhammad Muavia S — 2025 YLR 1361 LAHORE-HIGH-COURT-LAHORE

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