| Case ID |
73847ac0-7274-42f7-8532-cc85e7bb6ff4 |
| Body |
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| Case Number |
Election Appeal No. 07/R of 2021 |
| Decision Date |
Nov 05, 2021 |
| Hearing Date |
Nov 05, 2021 |
| Decision |
The appeal was dismissed due to the rejection of nomination papers on the grounds that the proposer was not a registered voter in the constituency where the election was being contested. The Appellate Tribunal upheld the decision of the Returning Officer, stating that the provisions of the Elections Act, 2017, clearly require that both proposer and seconder must be voters from the same constituency. The Tribunal emphasized the mandatory nature of the law, which does not allow for the rectification of such substantial defects in the nomination process. The rejection was deemed valid under the existing legal framework, as the statutory requirements were not met, and the principle of due diligence was not observed by the appellant's side. |
| Summary |
In the case of Election Appeal No. 07/R of 2021, the Election Tribunal of Lahore addressed the rejection of nomination papers filed by Jamshed Iqbal Cheema for the National Assembly election in constituency NA-133. The rejection was based on the failure of the proposer, Mr. Bilal Hussain, to be a registered voter in the same constituency, a requirement under Section 62(9)(b) of the Elections Act, 2017. The Tribunal upheld the Returning Officer's decision, asserting that the law mandates that both proposer and seconder must be voters within the constituency, and any defect in this regard is substantial and not curable. The case referenced previous judgments emphasizing the importance of compliance with electoral laws, particularly regarding the qualifications of those endorsing candidates. Thus, the appeal was ultimately dismissed, reinforcing the principle that electoral integrity must be maintained through adherence to legal requirements. |
| Court |
Election Tribunal, Lahore
|
| Entities Involved |
Not available
|
| Judges |
SHAHID JAMIL KHAN, J
|
| Lawyers |
Mubeen Uddin Qazi,
Ahmad Qayyum,
Ali Afzal Sahi,
Mian Shabbir Hussain
|
| Petitioners |
JAMSHED IQBAL CHEEMA
|
| Respondents |
The RETURNING OFFICER, NA-133
|
| Citations |
2023 SLD 262,
2023 MLD 132
|
| Other Citations |
Sharafat Ali and another v. D.R.O. and others 2008 SCMR 539,
Nadeem Shafi v. Tariq Shuja Butt and others PLD 2016 SC 944,
Rana Muhammad Tajammal Hussain v. Rana Shaukat Mahmood PLD 2007 SC 277
|
| Laws Involved |
Elections Act, 2017
|
| Sections |
62(9)(b),
63
|