Law: Constitution of Pakistan, 1973

Section: 63(1)(n)(o),199,62

Law: Constitution of Pakistan, 1973

Section: 63(1)(n)(o),199,62

Law: Representation of the People Act, 1976

Section: 14

(a) Constitution of Pakistan-------Arts. 63(1)(n) & 199---Representation of the People Act (LXXXV of 1976), S. 14---Constitutional petition---Disqualification for membership of Majlis-e-Shoora---Rejection of nomination papers---Maneuvering release of personal guarantee issued to secure finance from a bank---Nomination papers of candidate in question were rejected by Election Tribunal on the basis that he had maneuvered the release of personal guarantee that had allegedly been issued by him to secure finance obtained by a textile mill---Validity---Guarantee had been released with the consent of the bank---Said release had not been challenged by any party before any forum---Banking Court which tried the recovery suit also deleted the name of the candidate from the array of the defendants---Allegation that the guarantee was released and the candidate was released from his obligation as a guarantor, could not at present stage be relied upon in order to attract the provisions of Article 63 (1) (n) of the Constitution---Even otherwise, it was a factual enquiry requiring recording of evidence which could not be undertaken in the constitutional jurisdiction of High Court---Constitutional petition was allowed and impugned of Election Tribunal was set aside. (b) Constitution of Pakistan--- ----Arts. 63(1)(o) & 199---Representation of the People Act (LXXXV of 1976), S. 14---Constitutional petition---Disqualification for membership of Majlis-e-Shoora---Rejection of nomination papers---Non-payment of Government dues---Nomination papers of candidate in question were rejected by Election Tribunal on the basis that he had not paid certain conversion charges and other related dues to Town Municipal Administration in relation to his Housing Scheme---Validity---Record of Municipal Administration showed that candidate had moved an application before the competent authority for approval of the layout plan for his Housing Scheme and payment of conversion charges---Said application was marked by the Town Municipal Officer to the concerned officer, however, no further proceedings were taken on the application and the matter remained dormant for sometime, whereafter a demand…

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