2024 PLP 508 (SCMR)
NAZ TAHIR — Petitioner Versus KAFAYAT ULLAH and others — Respondents
| Citation | 2024 PLP 508 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Syed Mansoor Ali Shah, Jamal Khan Mandokhail and Athar Minallah, JJ |
| Parties | NAZ TAHIR — Petitioner Versus KAFAYAT ULLAH and others — Respondents |
| Primary Law | Elections Act (XXXIII of 2017) |
Q1: What are the key laws and sections cited in 2024 PLP 508 (SCMR)?
This judgment primarily cites: Elections Act (XXXIII of 2017) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 508 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Syed Mansoor Ali Shah, Jamal Khan Mandokhail and Athar Minallah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP 508 (SCMR) (NAZ TAHIR — Petitioner Versus KAFAYAT ULLAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shahzad Shaukat, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Shoukat Hayat, Advocate Supreme Court along with Syed Rifaqat Hussain Shah, Advocate-on-Record for Respondent No. 1.
Headnotes / Summary
S. 62
Constitution of Pakistan, Art. 62(1)(d), (e), (f) & (g)
Elections for seat of National Assembly
Nomination papers
Nomination papers of petitioner (candidate) rejected by the High Court on the ground that she was the wife of a proclaimed offender
Counsel for the petitioner submitted that there was no provision under the Constitution or the Elections Act, 2017 that deprived the petitioner from contesting elections on this ground
Counsel for the Election Commission of Pakistan (ECP) had not been able to show the Court any such provision of law
Article 62(1) (d), (e), (f) and (g) of the Constitution was not self-executory and served as guidelines for the voters in exercising their right to vote
Operation of the impugned order of the High Court was suspended with the direction that the nomination paper of the petitioner shall stand provisionally accepted and the ECP shall continue taking all the steps required in the electoral process including printing of the ballot papers, allocation of symbol etc., in view of present order. Hamza Rasheed Khan v. Election Appellate Tribunal and others Civil Appeal No. 982 of 2018 ref. Muhammad Arshad, DG (Law) and Falak Sher, Consultant Law for the ECP.
Judgment & Decree
Learned counsel for the petitioner submits that her nomination paper for the seat of a Member of the National Assembly from NA-49, Attock-I was rejected by the Returning Officer on 30.12.2023 on the ground that the petitioner was the wife of a proclaimed offender. However, upon filing an Election Appeal before the Appellate Tribunal, the nomination paper was accepted on 06.1.2024. Thereafter, the respondent filed a writ petition before the Lahore High Court, which was decided vide impugned order dated 16.1.2023 and the nomination papers of the petitioner were once again rejected on the ground that the petitioner is the wife of a proclaimed offender. Learned counsel for the petitioner submits that there is no provision under the Constitution or the Elections Act, 2017 that deprives the petitioner from contesting elections on this ground. Learned counsel for the Election Commission of Pakistan has not been able to show us any such provision of law. We may point out that Article 62(1)(d), (e), (f) and (g) have been recently declared by this Court not to be self-executory and serve as guidelines for the voters in exercising their right to vote in Civil Appeal No. 982 of 2018 etc. titled Hamza Rasheed Khan v. Election Appellate Tribunal and others.
2. Let notice be issued to respondent No.1 through courier service at the expense of the petitioner for 29th January, 2024. For the Election Commission of Pakistan, D.G (Law), Election Commission of Pakistan accepts notice.
3. C.M.A No.504/2024: Notice to respondent No.1. In the meantime, the operation of the impugned order shall remain suspended. The nomination paper of the petitioner shall stand provisionally accepted and the Election Commission of Pakistan is directed to continue taking all the steps required in the electoral process including printing of the ballot papers, allocation of symbol etc., in view of this order. MWA/N-2/SC Order accordingly.