| Case ID |
e7be7c22-22d8-4790-98d4-9a3324c1d702 |
| Body |
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| Case Number |
E.A. No. 151 of 2024 |
| Decision Date |
Jan 10, 2024 |
| Hearing Date |
Jan 07, 2024 |
| Decision |
The appeal of Imran Ahmed Khan Niazi was dismissed as the Returning Officer was legally competent to examine the candidature of the appellant under Section 62 of the Elections Act, 2017. The rejection of nomination papers was based on the appellant's conviction under the Elections Act, which involved an offence of moral turpitude. The Court held that the conviction disqualified the appellant from contesting the election under Article 63(1)(h) of the Constitution of Pakistan. The Court emphasized that the definition of moral turpitude is to be assessed in light of the standards expected from a Prime Minister, thereby upholding the Returning Officer's decision. |
| Summary |
In the case of Imran Ahmed Khan Niazi, the Lahore High Court, Rawalpindi Bench, addressed the appeal concerning the rejection of nomination papers under the Elections Act, 2017. The court examined the implications of moral turpitude as defined by Article 63(1)(h) of the Constitution, which disqualifies individuals convicted of certain offences from holding office. The court reaffirmed the Returning Officer's authority to scrutinize candidates' qualifications and emphasized the importance of maintaining integrity within the electoral process. The decision highlighted the legal standards surrounding moral turpitude and its relevance to public officeholders, particularly in the context of the Prime Minister's moral obligations. This case serves as a significant precedent regarding the intersection of electoral law and constitutional provisions, reinforcing the standards required for candidacy in Pakistan's political landscape. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Islamabad High Court,
Election Commission of Pakistan
|
| Judges |
Ch. Abdul Aziz, J./A.T.
|
| Lawyers |
Barrister Ali Zafar,
Mian Arshad Ali Mahar,
Rai Muhammad Ali,
Barrister Usman Niazi,
Malik Jawad Baig,
Dilpazeer Butt,
Malik Tariq Noon,
Malik Jawad Asghar
|
| Petitioners |
IMRAN AHMED KHAN NIAZI
|
| Respondents |
RETURNING OFFICER etc.
|
| Citations |
2024 SLD 4514,
2024 PLJ 120
|
| Other Citations |
1987 SCMR 468,
2023 SCMR 803,
PLD 2016 SC 534,
PLD 2017 SC 265,
PLD 1989 Peshawar 112,
2018 SCMR 2128,
2019 SCMR 382
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
62,
63(1)(h)
|