Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--------- ----------S. 12(2)(c)---------Nomination form---------Non-disclosure of Bank loan---------Effect---------Contesting candidate must disclose his assets and liabilities in his nomination form---------Disclosure of liabilities was more important than disclosure of assets---------Non-disclosure of any liability was to be met with penal action ---------Returned candidate, in his nomination form, had not made any disclosure of Bank loan under his liabilities---------Financial liability of Rs.70 million was incurred and secured by creating mortgage on immovable property owned by the returned candidate---------Admittedly, the returned candidate was one of the signatories to the mortgage deed but he failed to disclose said liability, incurred upon himself in his nomination form---------Fact that financial obligation had not yet become due was not relevant, as liability was created the moment a person took upon himself the obligation to settle the same in future---------Election Tribunal had rightly declared the election of returned candidate as void---------Appeal was dismissed accordingly. (b) Representation of the People Act (LXXXV of 1976)--------- ----------S. 12(2)(c) & (f)---------Nomination form---------Non-disclosure of financial liability/Bank loan---------Whether candidate was bound to disclose only those financial liabilities/Bank loans in his nomination form that had become due---------Financial liability could not be equated with default committed with regard to any financial obligation---------Financial liability was incurred the moment an obligation was created to discharge the same, which by efflux of time either had already become due or was to fall due sometime in future---------Irrespective of any default relating to a financial obligation, liability got created the moment a person took upon himself the obligation to settle the same in future, thus, the same had to be disclosed in the nomination form. (c) Representation of the People Act (LXXXV of 1976)--------- ----------S. 50---------Election for seat of Provincial Assembly---------Election campaign expenses --------- Returned…

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