Pakistan Case LawNaz Tahir Versus Kafayat Ullah, etc
This matter arises from a petition challenging the rejection of the petitioner's nomination papers for a seat as a Member of the National Assembly from NA-49, Attock-I. The Returning Officer initially rejected the papers because the petitioner was the wife of a proclaimed offender, but the Appellate Tribunal accepted them. Subsequently, the Lahore High Court set aside the Tribunal's decision and rejected the nomination papers on the same ground. The core legal question is whether a candidate can be disqualified from contesting elections merely for being the wife of a proclaimed offender under the applicable legal framework. The Supreme Court held that there is no provision under the Constitution or the Elections Act, 2017 that deprives a person of the right to contest elections on such a ground, noting also that certain constitutional provisions regarding qualifications are not self-executory. The Court suspended the impugned High Court order and directed the provisional acceptance of the petitioner's nomination papers.
- Whether being the wife of a proclaimed offender is a valid ground under the law to reject nomination papers for contesting elections?
- Are Articles 62(1)(d), (e), (f) and (g) of the Constitution of Pakistan self-executory?
- Can a High Court set aside the acceptance of nomination papers on grounds not provided in the Constitution or the Elections Act, 2017?
ORDER
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 Articles 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 & 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.
Judges on this bench
- Syed Mansoor Ali Shah1,049 judgments
- Jamal Khan Mandokhail620 judgments
- Athar Minallah898 judgments