Law:

Section:

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 89(5)--Representative of the People Act, (LXXXV of 1976), Ss. 52, 53 & 54--Election of returned candidate was challenged through election petition--Being Pakistani national by birth was qualified to contest election--Dual national--Question of--Whether returned candidate was dual national at time of his nomination for general election--Validity--Nationality by birth is conferred by State on birth of child within its territory--Principle, 'jus-soli' defines nationality by birth to effect that territory on which birth occurs is decisive factor--Neutralisation is an administrative act of state to grant citizenship or nationality to anyone who is not national or citizen by birth of State--Nationality by descent may be acquired by a born child on basis of nationality of either parents--Thus, child may become a national of State to which his mother or father belong as national--Traditional view is that wife's nationality follows that of her husband's nationality automatically and this principle is adhered to by a number of States including Pakistan--American national became Pakistani national on her marriage with Pakistani national automatically--Parents of returned candidate were Pakistani national before and at time of birth of returned candidate on Pakistan territory-Tribunal was not in agreement with for petitioner that birth of returned candidate in Pakistan invested him with double nationality--Returned candidate acquired Pakistani nationality on two grounds--Returned candidate took active part in national politics and held important official positions in past--As per entries of passports he alongwith his wife and son travelled to other countries on Pakistani passports--His active participation in national politics provides a basis to say that he qualifies legal test to become Pakistani national as defined by Fenwick--Returned candidate was was not dual national as alleged by petitioner--He was qualified to contest General Elections-2013--His candidature for said election was/is not open to any exception-- Petitioner has completely failed to prove his case and cause against election of returned…

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