Interpretation of Term “Candidate”

Interpretation of Term "Candidate" Case Laws Constitutional Law Election Interpretation of Statutes Knowledge - Constitutional Law Litigation & Arbitration Solutions - Constitutional Law Supreme Court Mr. Justice Sh. Azmat Saeed in his judgment has decided the issue regarding interpretation of term “candidate” under the Representation of Peoples Act 1976 (“ROPA”) in Civil Appeal No. 384 of 2014.

1. This Civil Appeal under Section 67(3) of ROPA is directed against the Order dated 07.02.2014, whereby an Election Petition bearing No.1 of 2013, filed by the present Appellant, was dismissed.

2. Brief facts necessary for adjudication of the lis at hand are that the General Elections were scheduled for the 11th of May, 2013, including for the Provisional Assembly of the Province of Balochistan. The Appellant and the present Respondents filed their respective Nomination Papers to contest the Elections from Constituency PB-16 Loralai-II. It appears from the record that the Appellant filed two separate Nomination Papers to contest the said Elections, however, both were rejected by the Returning Officer vide Order dated 07.04.2013, holding the Appellant disqualified to contest the said Elections. Aggrieved, the Appellant filed two Appeals i.e. Election Appeals No.21 and 25 of 2013 before the learned Election Tribunal, which failed to find favour and were dismissed vide Order dated 17.04.2013. The said Order dated 17.04.2013, was challenged through Constitutional Petitions No.286 and 287 of 2013 before the learned High Court of Balochistan, which too were dismissed vide Order dated 19.04.2013.

3. The Appellant challenged the above-said Order dated 19.04.2013 of the learned High Court of Balochistan by invoking the appellate jurisdiction of this Court through two separate Civil Petitions for Leave to Appeal No.520 and 521 of 2013.

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