Pakistan Case LawUmar Farooq Versus Sajjad Ahmad Qamar and others
This matter concerns a challenge to the rejection of nomination papers for the General Elections of 2024 for constituency NA-99 (Faisalabad). The petitioner sought leave to appeal against the High Court's judgments that had upheld the rejection of his nomination papers. The Supreme Court, upon hearing the parties, converted the leave petitions into appeals and allowed them. The Court set aside the impugned judgments of the High Court, thereby declaring that the petitioner's nomination papers are deemed accepted and his name must be included in the final list of candidates for the constituency. Furthermore, the Court mandated that the Election Commission of Pakistan must immediately allocate an election symbol to the candidate and ensure his name and symbol appear on the ballot papers for the scheduled election on 08.02.2024. The decision effectively restores the candidate's eligibility to contest the election, emphasizing the necessity of timely inclusion in the electoral process for the specified constituency.
- Can the Supreme Court set aside a High Court judgment rejecting nomination papers and order the inclusion of a candidate in the final list?
- Is the Election Commission of Pakistan obligated to allocate an election symbol to a candidate whose nomination papers have been accepted by the Supreme Court?
- Does the acceptance of nomination papers by the Supreme Court require the inclusion of the candidate's name and symbol on the ballot papers for the scheduled election?
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 NA-99 (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