Case Details

Citation(s)
2001 SLG 2462 2001 SLD 2462 2001 CLC 917
Lahore High Court
Writ Petition No.3923 of 2001, decision dated: 14-03-2001
MAULVI ANWARUL HAQ, J
Dr. A. Basit for Petitioner. SirajulIslam for
Respondent. Muhammad Jehangir Wahla, A.A.G. (on Courts call)

Rana FAISAL RAUF

VS

DISTRICT RETURNING OFFICER, GUJRANWALA

Law:

Section:

Punjab Local Government Elections Ordinance (V of 2000)-------S. 14---Rejection of nomination papers---Nomination papers of the candidate were rejected on the ground that he failed to clear the loan taken by him from the Bank despite he was given a chance to clear the same--­Candidate had undertaken that in order to show his good faith, he was prepared to pay certain amount which could be adjusted against principal amount and also against the mark-up and that said entire exercise would be subject to the decision of a Court of competent jurisdiction in proceedings either filed by him or by the Bank concerned---In view of said undertaking of candidate and also for the reason that prima facie adjudication regarding the determination of the entire liability of the candidate was yet to be made, order rejecting nomination papers of candidate was set aside subject to payment of agreed amount to the Bank. Kh. Muhammad Azhar Khan v. Returning Officer 1999 AC 464 ref. ORDER In order to contest elections to the seat of Nazim in Union Council 65. (Gujranwala City) the petitioner and his co-candidate filed nomination papers. These papers came up for scrutiny by the learned Returning Officer and as none objected and papers were found to be in order, they were accepted. The said Rana Sarfraz then filed an appeal which was entertained by respondent learned District Returning Officer. During the hearing of the said appeal, however, he received information that the petitioner owes some money to the Allied Bank of Pakistan Ltd. (A.B.L.). Although it was observed that appeal filed by Rana Sarfraz is not competent, learned District Returning Officer took the cognizance of the said information and impugned order narrates that he had given a chance to the petitioner to clear the loan. According to the learned D.R.O. the loan was not cleared and he proceeded to reject the papers. 2. This case came up before me yesterday when in order to understand the nature of the default, I summoned the Manager of the said Bank. The Manager is present with records and I have examined the same. I find that two Private Limited Companies had been provided financial assistance in terms of working…
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