Legal Case Summary

Case Details
Case ID 37117f45-ffab-4c9d-a576-65900ad49d03
Body View case body.
Case Number Election Appeal No.15-R of 2013
Decision Date Apr 09, 2013
Hearing Date
Decision The Election Tribunal dismissed the appeal filed by Usman Ibrahim against the rejection of his nomination papers by the Returning Officer. The Tribunal upheld the findings that the appellant failed to meet the qualifications set forth in Article 62(f) of the Constitution, which requires candidates to be sagacious, righteous, non-profligate, honest, and Ameen. The Tribunal found that the questions posed by the Returning Officer regarding Islamic provisions were unjustified, but the discrepancies in the appellant's financial disclosures, including inconsistencies in reported income and asset declarations, were substantial enough to warrant the rejection. The appeal was dismissed in limine, confirming the Returning Officer's decision.
Summary This case revolves around the election appeal of Usman Ibrahim against the rejection of his nomination papers for the NA-95 Gujranwala-I constituency in the 2013 elections. The Returning Officer had rejected his papers based on questions regarding Islamic provisions and discrepancies in his financial declarations. The Election Tribunal examined the qualifications required under Article 62(f) of the Constitution, which emphasizes the character and integrity of candidates. The Tribunal ruled that while the questions regarding Islamic knowledge were not justified, the appellant's failure to accurately reflect his income and assets raised serious concerns about his eligibility. This case underscores the importance of transparency and integrity in the electoral process, highlighting the rigorous scrutiny candidates face regarding their qualifications. The decision emphasizes the need for candidates to maintain clear and truthful financial records to uphold public trust in the electoral system.
Court Election Tribunal, Punjab
Entities Involved Not available
Judges NASIR SAEED SHEIKH, SHAHID WAHEED
Lawyers Muhammad Saeed Ansari, Sh. Muhammad Akram, Raja Muhammad Arif, Muhammad Iqbal Reader
Petitioners USMAN IBRAHIM
Respondents 2 others, RETURNING OFFICER NA-95 GUJRANWALA-I
Citations 2013 SLD 859, 2013 CLC 1521
Other Citations MALIK IQBAL AHMAD LANGRIAL v. JAMSHEED ALAM AND OTHERS PLD 2013 SC 179, MUDDASAR QAYYUM NAHRA v. CH. BILAL IJAZ AND OTHERS 2011 SCMR 80, CH. BILAL IJAZ v. MUDASSAR QAYYUM NAHRA AND 4 OTHERS 2010 CLC 1692, MIAN SAIF-UR-RAHMAN v. MALIK IQBAL AHMAD LANGRIAL AND 4 OTHERS 2012 CLC 1806
Laws Involved Representation of the People Act, 1976, Constitution of Pakistan, 1973
Sections 12, 14(5), 99, 62(f)