Previous 1 / 6 Next

IN THE SUREME COURT OF PAKISTAN (Appellate Jurisdiction) Present Mr. Justice Mian Saqib Nisar, HCJ Mr. Justice Umar Ata Bandial Mr. Justice Ijaz ul Ahsan CIVIL PETITIONS NO.2693-2694 OF 2018 (On appeal from the judgment/order dated 03.07.2018 passed by High Court of Balochistan, Quetta in CP.823-824 of 2018) Sardar Yar Muhammad Rind … … Petitioner. (in both cases) Versus The Election Tribunal Balochistan, Quetta and others … … Respondents (in both cases) Taj Muhammad Raisani … … Respondent No.4 (in CP.2693/2018) Ghulam Haider … … Respondent No.4 (in CP.2694/2018) For the petitioner : Sardar M. Latif Khan Khosa, Sr. ASC. Ch. Akhtar Ali, AOR. : Mr. M. Amir Nawaz Rana, ASC. : Mr. M. Arshad, DG (Law), ECP. : 19.09.2018. (in both cases ) For respondent No.4 (in both cases) For ECP. (in both cases) Date of hearing ORDER UMAR ATA BANDIAL, J. The petitioner is a returned candidate in the elections of constituency No.PB-17 Kachhi of the Balochistan Provincial Assembly and NA-260 Kachhi of the National Assembly. His nomination papers were rejected by the Returning Officers of both constituencies on 19.06.2018 on different grounds. The Appellate Tribunal (High Court) vide consolidated judgment dated 26.06.2018 upheld his

Select target paragraph3

● ● ●

Rind v. Balochistan

Judgment

Question Presented: Whether failure to disclose education was grounds for disqualifying the petitioner as a candidate.

Alleged Acts: The petitioner files suit because his candidacy documents were rejected in two different jurisdictions on different grounds. In a prior election the petitioner claimed he was the holder of Sanad of Shahad-ul-Aalmia, but later claimed his education level was intermediate. The respondent considered this failure to claim the Sanad of Shahad-ul-Aalmia was concealment and a false statement.

Summary: Under Pakistan’s electoral, dishonesty is grounds for disqualification from candidacy. However, the court failed to state that the declaration of the Sanad of Shahad-ul-Aalmia constituted a dishonest and deceitful action to refute eligibility. Thus, the lower court failed to determine if the respondent met the evidentiary burden for determining eligibility of the petitioner.

Conclusion: The petitioner — on the grounds outlined by the respondent — may not be barred from candidacy without additional evidentiary findings.

Legal Issue(s)

Candidate Registration

Applicable Law(s): Pakistan Constitution art. 62(1)(f)

Region: Asia-Pacific

Country: Pakistan

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Sep 19, 2018

Geolocation

Latitude: 33.84616314

Longitude: 73.04529661

: Geolocation

Primary Documents

Rind v. Balochistan.pdf
english
Download View