Pakistan Case LawUmar Farooq Versus Ali Imran Aslam and others
This matter arises from petitions for leave to appeal converted into appeals, challenging the judgments of the High Court that had allowed writ petitions against the acceptance of the petitioner's nomination papers. The core legal question concerns the validity of the rejection or challenge to nomination papers for provincial assembly candidacy for the General Elections of 2024. The Supreme Court of Pakistan allowed the appeals, set aside the impugned judgments of the High Court, and declared that the nomination papers of the appellant for PP-107 (Faisalabad) are deemed accepted. The Court directed the Election Commission to immediately include his name in the final list of candidates and allocate him an election symbol to ensure the election proceeds as scheduled.
- Can the Supreme Court set aside High Court judgments regarding nomination papers and order the inclusion of a candidate's name on the ballot?
- Is the Election Commission duty-bound to allocate an election symbol upon the acceptance of nomination papers by the Court?
ORDER
Munib Akhtar, J.: We have heard learned counsel for the petitioner as also the learned Additional DG (Law) and learned Legal Consultant and also learned counsel appearing for the private respondent.
2.For detailed reasons to be recorded later and subject to such amplification and/or explanation therein as may be deemed appropriate, these leave petitions are converted into appeals and allowed. The impugned judgments of the learned High Court are set aside with the result that the nomination papers of the petitioner, now appellant, for PP-107 (Faisalabad) 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. (We may note that for this constituency the petitioner, now appellant, had filed two sets of nomination papers, both of which were dealt with in the same terms and the writ petitions filed in this regard in the High Court by the private respondent were allowed vide impugned judgments, which are identical in all material respects.)
3.The name of the candidate and his election symbol must 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