Case Details

Citation(s)
2016 SLG 2041 2016 SLD 2041 2016 PLJ 275
Lahore High Court
W.P. No. 8379 of 2015, decision Date : 24.11.2015. Heard on: 24.11.2015.
ZAFARULLAH KHAN KHAKWANI, JUSTICE
Mr. Muhammad Nasir Joyia, Advocate for Petitioner. Ch. Abdul Jabbar, Standing Counsel for Federation with Muhammad Afzal, District Election Commissioner,Rahim Yar Khan for
Respondents. Mr. Zargham Ullah, Advocate for
Respondent No. 3.

MUHAMMAD ALI

VS

APPELLATE AUTHORITY, DISTRICT RAHIM YAR KHAN AND 2 others--RespondentS

Law: Punjab Local Government Act, 2013

Section: 27(2)(7)

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Local Government Act, 2013---.--- ---.---S. 27(2)(7)---.---Constitution of Pakistan, 1973, Art. 199---.---Constitutional petition---.---Concealment of property---.---Nomination paper to contest election for seat of general member, accepted---.---Disqualified from being elected, if he was under existing contract for work to be done or goods to be supplied to local government---.---Existing contract with local government---.---Pecuniary interest---.---Validity---.---It would not be out of place to mention here that concealment/non-disclosure of assets and liabilities is one thing and incomplete disclosure of assets and liabilities is another---.---First one entails penal consequences but second one can be considered to be an irregularity---.---Respondent does not suffer from disqualification enumerated in Section 27(2)(f) of Punjab Local Government Act, 2013 or concealment of assets or liabilities---.---Petition was dismissed. THIS ORDER PASSED BY: ZAFARULLAH KHAN KHAKWANI, JUSTICE:---.--- Through this Constitutional petition the petitioner has assailed the orders dated 10.10.2015 passed by Respondent No. 2 whereby he accepted nomination paper of Respondent No. 3 to contest election for the seat of General Member Ward No. 7 of Municipal Committee Kot Samaba Distt. Rahim Yar Khan and the order dated 31.10.2015 passed by Respondent No. 1 whereby appeal filed by the petitioner was dismissed. 2. Learned counsel for the petitioner contends that wife of Respondent No. 3 was owner of certain land inMouza Mud Kora and Mouza Wahi Jumman Shah and also owner of certain shops in Mouza Kot Samaba; that Respondent No. 3 is running his business under the name and style of Al-Saeed Contractor and that the said respondent is defaulter of loan obtained from Muslim Commercial Bank. but he did not disclose all the above assets and liability in his Declaration of Assets and Liabilities form and as such he was disqualified from contesting election but Respondents No. 1 and 2 have not paid any heed to the objections and illegally accepted the nomination paper. 3. On the other hand learned Standing Counsel assisted by learned counsel for Respondent No. 3 has defended the impugned…
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