MUHAMMAD MOAVIA vs RETURNING OFFICER NA-109, JHANG-II Ss — 2026 CLC 152 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.

MUHAMMAD MOAVIA VS RETURNING OFFICER NA-109, JHANG-II Ss.60(2)(b) & 63---Rejection of nomination papers---Inclusion of candidate's name in 4th Sched. of Anti-Terrorism Act, 1997---Effect---Subsequent freezing of moveable or immoveable property---Opening of a dedicated account for election expenses---Requirement---Frozen bank account under 4th Sched.---Consequences---Mandatory election expense account inoperative---Effect on candidature---Inability to operate dedicated account constitutes a bar to candidature---Concealment of a criminal case in affidavit---Brief facts were that the appellant filed an appeal under S. 63 of the Elections Act, 2017 challenging the Returning Officer's order rejecting his nomination papers on grounds of concealment of facts---The record showed that an FIR existed against him; that he obtained pre-arrest bail after learning of the case; that his name was placed in the 4th Schedule of the Anti-Terrorism Act, 1997 and his CNIC and bank accounts were consequently frozen; that under S. 60(2)(b) of the Elections Act, maintaining an active bank account for election expenses was mandatory, but due to the freezing order the appellant could not operate his account; and that he had also been declared aproclaimed offender in criminal proceedings which he did not disclose in his nomination papers---Pivotal question requiring determination in the present election appeal was as to "whether the Returning Officer rightly rejected the appellant's nomination papers on the basis of concealment of material facts, specifically the pending criminal cases; his status as a proclaimed offender; and his inclusion in the 4th Schedule which resulted in frozen bank accounts, and whether these circumstances legally disqualified him from contesting the election due to failure to meet mandatory requirements under the Elections Act, 2017"?---Held: Appellant's name had been included in the list of 4th Schedule of the Anti-Terrorism Act, 1997, firstly, in the year 2018, secondly in 2021 when it was excluded, however, keeping in view appellant's activities his name had again been included in the said list in 2023---Consequently, according to the order passed against the appellant, movables or any other property owned or controlled wholly or partly, directly or indirectly stood 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 aforesaid order, appellant's account remained frozen and he was unable to utilize the same for the purpose of election expenses, therefore, this fact alone was sufficient to preclude him from contesting the forthcoming elections---Moreover, a criminal case was pending against the appellant in which he was a proclaimed offender and same was not disclosed by him in his affidavit---Furthermore, it was revealed that appellant was also a proclaimed offender in another criminal case for the last many years in which admittedly the appellant had not surrendered before the court of law---Appellant had also concealed that case in his affidavit which amounted to concealment of facts, rendering the appellant ineligible to contest the elections---Impugned order passed by the returning officer being within four corners of law needed to intervention in appeal before the High Court---Present appeal was dismissed, in circumstances.

MUHAMMAD MOAVIA vs RETURNING OFFICER NA-109, JHANG-II Ss — 2026 CLC 152 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 CLC