| Case ID |
5cb8adea-c5c7-4b04-b1c1-a7c24bdd1759 |
| Body |
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| Case Number |
Civil Appeal No. 937 of 2018 |
| Decision Date |
Nov 18, 2020 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal, setting aside the judgment of the Lahore High Court which declared the appellant ineligible to contest elections based on misinterpretation of the Elections Act, 2017. The Court held that the decree against the spouse of the appellant was issued after the cut-off date for disclosure of assets and liabilities, thus it could not be the basis for disqualification. The findings of the Election Tribunal and the Returning Officer that accepted the nomination papers of the appellant were restored, affirming the right to participate in the electoral process. |
| Summary |
This case revolves around the eligibility of a political candidate, RANA MUHAMMAD ASIF TAUSEEF, who contested in the general elections of 2018. The Lahore High Court's decision to disqualify him was based on a decree against his spouse, which was issued after the statutory cut-off date for asset disclosure. The Supreme Court found this to be a misapplication of the law, particularly sections 60(2)(d) and 62(9)(c) of the Elections Act, 2017. The ruling emphasized the importance of fair judicial process and the constitutional right to participate in elections, as guaranteed by Article 17 of the Constitution of Pakistan. The court restored the decision of the Election Tribunal that had previously accepted the nomination papers, thereby reinforcing the candidate's eligibility. This case highlights critical aspects of electoral law, candidates' rights, and the responsibilities of judicial bodies in ensuring justice. The ruling is significant for future electoral disputes, emphasizing the necessity for courts to interpret laws strictly within their intended timelines and provisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
UMAR ATA BANDIAL, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
|
| Petitioners |
RANA MUHAMMAD ASIF TAUSEEF
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN THROUGH CHAIRMAN
|
| Citations |
2022 SLD 989,
2022 SCMR 1344
|
| Other Citations |
Miss Benazir Bhutto v. Federation of Pakistan and others PLD 1988 SC 416,
Mrs. Benazir Bhutto and another v. Federation of Pakistan and another PLD 1989 SC 66,
Muhammad Nawaz Sharif v. President of Pakistan PLD 1993 SC 473,
Workers’ Party Pakistan v. Federation of Pakistan PLD 2012 SC 681,
Muhammad Sarwar v. The State PLD 1969 SC 278,
Muhammad Aamir Khan v. Government of Khyber Pakhtunkhwa 2019 SCMR 1021,
Rodger v. The Comptoir d’ Escompte de Paris (1871) 3 PC 465
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
60(2)(d),
62(9)(c),
17,
185(3)
|