Pakistan Case LawShahbaz Ahmad Khan Versus Learned Election Appellate Tribunal and others
This matter comes before the Supreme Court of Pakistan via a leave petition filed by Shahbaz Ahmad Khan against the Election Appellate Tribunal and others concerning the rejection of nomination papers. The core legal question involves the validity of the rejection of the appellant's nomination papers for constituency NA-144 (Khanewal) for the General Elections of 2024. The Court held that the petition should be converted into an appeal and allowed, setting aside the impugned judgment of the High Court and the orders of the lower fora. Consequently, the nomination papers of the appellant are deemed accepted, his name is ordered to be included in the final list of candidates, an election symbol must be allocated by the Election Commission, and his name and symbol must appear on the ballot papers for the scheduled election on 08.02.2024. The key principle laid down is that qualified candidates wrongfully excluded from nomination stages must be reinstated expeditiously to ensure participation in the general elections.
- Whether the Supreme Court can convert a leave petition into an appeal and set aside the rejection of nomination papers?
- Does the Election Commission have a duty to allocate an election symbol upon the acceptance of a candidate's nomination papers?
- Must a candidate's name and election symbol appear on the ballot papers for the scheduled general election once the nomination is restored?
ORDER
Munib Akhtar, J.: We have heard learned counsel for the petitioner as also the learned Special Secretary, Election Commission of Pakistan as well as DG (Law) and the Legal Consultant.
2.For detailed reasons to be recorded later and subject to such amplification and/or explanation therein as may be deemed appropriate, this leave petition is converted into an appeal and allowed. The impugned judgment of the learned High Court as well as the orders of the fora below are set aside with the result that the nomination papers of the petitioner, now appellant, for NA-144 (Khanewal) are deemed accepted and his name is deemed included in the final list of candidates for the General Elections of 2024. This candidate shall immediately and forthwith, and it shall be the duty of the Election Commission to ensure that this is done, be allocated an election symbol.
3.The name of the candidate and his election symbol must1 appear on the ballot papers used in and for the general election to the constituency aforementioned and the said election for this constituency must be held on 08.02.2024, as scheduled.
Judges on this bench
- Shahid Waheed482 judgments
- Irfan Saadat Khan1,172 judgments
- Munib Akhtar869 judgments