Law: Representation of the People Act, 1976

Section: 7,11,14(3),57,99,100

Law: Representation of the People Act, 1976

Section: 7,11,14(3),57,99,100

Law: Constitution of Pakistan, 1973

Section: 62(1)(f),63(1)(c),224

Representation of the People Act (LXXXV of 1976)-------Ss.7, 11, 14(3), 57, 99 & 100---Constitution of Pakistan, Arts. 62(1)(f), 63(1)(c) & 224---Election appeal---Nomination papers, acceptance of---Disqualification---Determination---Respondent was Member of National Assembly but he was declared disqualified by Supreme Court on the allegation of having dual nationality, therefore, his seat fell vacant---Respondent again filed his nomination papers with the declaration that he was not holding nationality of any other country and Returning Officer accepted his nomination papers---Appellant filed objection against nomination papers of respondent alleging that he had made a wrong declaration and did not deposit emoluments received by him during the period for which he was declared disqualified by Supreme Court---Validity---Money ordered to be refunded had not been calculated and ascertained and as such respondent could not be held having not complied with the order passed by Supreme Court---Returning Officer passed order rejecting objection petition of appellant and accepting nomination papers of respondent in view of record which did not hint that respondent was undergoing a disqualification under Arts.62 & 63 of the Constitution or corresponding sections 99 and 100 of Representation of the People Act, 1976, or had been declared by a court of law not to be sagacious, righteous, non-profligate, honest and Ameen and had not complied with orders passed by Supreme Court---Disqualification, if any, incurred by respondent could after production of evidence be considered by Election Tribunal appointed by Election Commission under section 57 of Representation of the People Act, 1976, in election petition---Returning Officer neither flouted the passed by Supreme Court nor omitted to perform his functions and duties entrusted to him under sections 7 and 14 of Representation of the People Act, 1976---Election Tribunal declined to interfere in the order passed by Returning Officer---Appeal was dismissed in circumstances. Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others C.P.No.5 of 2012 and Nawabzada Iftikhar Ahmad Khan Bar v.…

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