| Case ID |
090c8561-3f22-4ba7-9f2b-d1d6e10cb806 |
| Body |
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| Case Number |
C.P.L.As. 210, 211, 212 and 213 of 2024 |
| Decision Date |
Jan 30, 2024 |
| Hearing Date |
Jan 30, 2024 |
| Decision |
The Supreme Court allowed the appeals, overturning the Lahore High Court's decisions that had rejected the nomination papers of the petitioner, Umar Farooq. The Court ruled that the returning officers had erred in rejecting the papers based on the absence of the petitioner during scrutiny, as attendance was not mandatory under the Elections Act. The Court emphasized that even if a candidate is alleged to be an absconder, they are still eligible to contest elections if no legal provision expressly disqualifies them. The Court also noted that the failure to disclose a criminal case in the nomination papers did not warrant the rejection of the papers. Consequently, the Court mandated that the petitioner's nomination papers be accepted, allowing him to participate in the upcoming General Elections scheduled for 08.02.2024. |
| Summary |
This case revolves around the eligibility of candidates to contest elections under the Elections Act, 2017. The Supreme Court of Pakistan addressed the issue of whether a candidate can be disqualified for non-attendance during the scrutiny of nomination papers and for failing to disclose a criminal case. The Court highlighted that the legal framework does not impose a mandatory requirement for candidates to be present during scrutiny and stated that the mere allegation of being an absconder does not automatically disqualify an individual from contesting elections. This landmark decision reinforces the principles of electoral participation and the rights of candidates, ensuring that legal technicalities do not impede the democratic process. Keywords: Elections Act, Supreme Court, candidate eligibility, electoral participation, General Elections 2024. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Munib Akhtar,
Shahid Waheed,
Irfan Saadat Khan
|
| Lawyers |
Mr. Muhammad Shahzad Shaukat,
Mr. Ahsan Bhoon,
Mr. Khurram Shehzad,
Mr. Falak Sher
|
| Petitioners |
UMAR FAROOQ
|
| Respondents |
others,
SAJJAD AHMAD QAMAR
|
| Citations |
2024 SLD 4697,
2024 PLJ 680
|
| Other Citations |
2024 SCP 48,
PLD 2018 SC 678
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
62(2)(9),
199,
225
|