Law: Constitution of Pakistan, 1973

Section: 63(1)(n),199

Law: Constitution of Pakistan, 1973

Section: 63(1)(n),199

Law: Representation of the People Act, 1976

Section: 14,12(2)

Constitution of Pakistan-------Arts. 63(1)(n) & 199---Representation of the People Act (LXXXV of 1976), Ss.14 & 12(2), Explanation (ii)---Constitutional petition---Qualification for membership of Parliament (Majlis-e-Shoora)---Rejection of nomination papers---Loan of company, written off ---Person having minority interest/shareholding in the company, liability of---Liability of guarantor of company---Scope---Nomination papers of candidate in question were rejected by Returning Officer and Election Tribunal on the ground that he was a shareholder in a company which defaulted in payment of a loan---Validity---Candidate only held 24% shares in the company, therefore, he did not mainly own or hold controlling or majority interest in the company in terms of section 12, Explanation (ii) of the Representation of the People Act, 1976---Considering the language of Article 63 (1) (n) of the Constitution, candidate in question could not be considered to have an unpaid liability of a loan of Rs.2 million or more---Further, admittedly, candidate was a guarantor---Orders passed by Returning Officer and Election Tribunal were set aside and Returning Officer was directed to include name of candidate in list of eligible candidates. Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer NA-158, Naushero Feroze and others 1994 SCMR 1299 ref. Rao Athar Akhlaq for Petitioner. Nasir Javed Ghumman, Standing Counsel. Rana Muhammad Aslam, Deputy Director, Election Commission of Pakistan. Ali Akhtar Khan, Law Officer, Election Commission of Pakistan. ORDER Through this constitutional petition, the petitioner assails order dated 17-4-2013 passed by the learned Election Tribunal of this Court, through which order dated 7-4-2013 passed by the Returning Officer was upheld. 2. The learned counsel for the petitioner submits that the main ground that prevailed with the Returning Officer, as well as, the learned Election Tribunal was that the petitioner was a defaulter in so far as he had failed to repay a loan. A perusal of the impugned orders indicates that the petitioner is a share-holder in a Company which is in default of its repayment obligations. This…

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