| Case ID |
e3737e3b-4cc8-4094-a91c-70faa4f38620 |
| Body |
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| Case Number |
Election Appeal No. S-89 of 2018 |
| Decision Date |
Jun 26, 2018 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the impugned order was found to be within the four corners of law. The objections raised by the appellant regarding the respondent's nomination form were not sufficient to overturn the Returning Officer's acceptance. The court found that any omissions in the nomination papers could be corrected and did not constitute concealment. The respondent's status as a Green Card holder was clarified not to equate to holding citizenship of another country, and thus the allegations of non-disclosure regarding nationality were dismissed. |
| Summary |
The case revolves around an appeal concerning the acceptance of nomination papers under the Elections Act, 2017. The primary issue was whether the respondent, a Green Card holder, had concealed information regarding his nationality and property ownership in his nomination form. The appellant argued that there were significant omissions in the disclosures, which could disqualify the respondent from candidacy. However, the court ruled that all relevant details had been adequately disclosed through annexures and that any minor omissions could be addressed at the scrutiny stage. The ruling emphasized the distinction between holding a Green Card and actual citizenship, affirming that the respondent had not applied for nor held dual nationality. This decision highlights the importance of transparency in electoral nominations and the legal interpretations surrounding residency and citizenship status. Keywords such as 'Elections Act', 'nomination papers', 'Green Card holder', and 'electoral process' are essential for SEO optimization in legal discussions surrounding electoral law. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Election Commission
|
| Judges |
FAHIM AHMED SIDDIQUI,
AIJAZ HUSSAIN JAKHRANI
|
| Lawyers |
Abid S. Zubeir,
Khuwaja Naveed Ahmed,
Mukesh G. Karara,
Muhammad Aslam Jatoi,
Rafique Ahmed K. Abro
|
| Petitioners |
MUHAMMAD MIAN SOOMRO
|
| Respondents |
|
| Citations |
2020 SLD 1057,
2020 MLD 551
|
| Other Citations |
2013 SCMR 1271,
PLD 2018 SC 189,
2013 SCMR 1238
|
| Laws Involved |
Elections Act, 2017
|
| Sections |
63
|