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Supreme Court Asserts Limitations on Disqualifying Proclaimed Offenders from Elections

Supreme Court Asserts Limitations on Disqualifying Proclaimed Offenders from Elections

The Supreme Court of Pakistan has issued a ruling, stating that the absence of specific constitutional or legislative provisions disqualifying a proclaimed offender from contesting elections prevents the courts from unilaterally imposing such disqualifications without legal backing. The written order, authored by Justice Syed Mansoor Ali Shah, accepted the nomination papers of Umar Aslam, a candidate from the Pakistan Tehreek-e-Insaf (PTI).

The order emphasized that Article 62(1)(d), (e), (f), and (g) has been declared not to be self-executory and serves as guidelines for voters rather than as automatic disqualification criteria. The decision allows Umar Aslam to contest elections for the National Assembly seat from NA-87, Khushab.

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Umar Aslam’s election candidacy faced a legal paradox as one application was rejected, and another was approved. The Supreme Court’s ruling clarified that being a proclaimed offender does not automatically invoke disqualification under the mentioned constitutional provisions.

The division bench of the Supreme Court heard appeals against rejected nomination papers of candidates by returning officers. The Election Commission of Pakistan (ECP) was directed to ensure completion of all necessary steps in the electoral process promptly, enabling Umar Aslam to participate in the scheduled election for NA-87 without fail.

The petitioner, Umar Aslam, sought leave to appeal against the Lahore High Court’s order, which rejected his nomination paper on January 12, 2024, based on being a proclaimed offender in a criminal case. The legal proceedings involved the rejection of Umar Aslam’s nomination paper by the returning officers, its acceptance by the appellate tribunal, and subsequent challenges in the high court, resulting in the rejection of his nomination paper.

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