Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)----- -----Ss. 12 & 99 (1-A)-----Election for local government----- Nomination papers, submission of-----Objections-----Guarantor for repayment of loan-----Effect-----Objections to the candidature were filed on the ground that candidate was a loan defaulter and he was disqualified from contesting elections-----Returning Officer dismissed the said objections and nomination papers were accepted-----Validity-----Loan was neither obtained by the candidate nor in the name of his spouse nor any one of his dependants-----Candidate was a guarantor for repayment of loan obtained by his brother and he did not fall within the definition of a "defaulter"-----Candidate could not be disqualified from contesting election in circumstances-----Constitutional petition was dismissed in circumstances. Sardar Sarfraz Ahmed Cheema v. Returning Officer and others 2013 CLC 1088; Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer, NA-158, Naushero Feroze and others 1994 SCMR 1299; Syed Nasir Ali Rizvi v. Mirza Nasir Baig and others 1997 CLC 719; Haji Khuda Bux Nizamani v. Election Tribunal and others 2003 MLD 607; 2015 PLC 45; Ejaz Ahmed Cheema v. Javed Mahmood Ghuman and another 1993 MLD 2507; Shahid Khan Nizamani v. Returning Officer and another 2010 CLC 1615; Nisar Ahmed Khuhro v. Election Tribunal and 3 others 2003 YLR 749; Syed Nayyar Hussain Bukhari v. District Returning Officer, NA-49 Islamabad and others PLD 2008 SC 487; Intesar Hussain Bhatti v. Vice-Chancellor, University of Punjab, Lahore and others PLD 2008 SC 310; Muhammad Safdar Abbasi v. Aamir Yar Malik and 3 others 2004 SCMR 1602 and Muhammad Hussain Babar v. Election Commission of Pakistan through Secretary and others PLD 2008 SC 495 ref. Ch. Mubashar Hussain v. Returning Officer, Kharian, District Gujrat and 3 others PLD 2008 Lah. 134; Sadiq Ali Memon v. Returning Officer, NA-237, Thatta-I and others 2013 SCMR 1246; Malik Umar Aslam v. Mrs. Sumaira Malik and others 2014 SCMR 45; Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others PLD 2012 SC 1054; Muhammad Yaqoob Sheikh v. Election Tribunal Multan…