Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Nomination papers--Rejection of--Written off loans/liabilities--Consideration of--Information provided by State authorities to be relied upon, unless some material is placed before Court that information is incorrect--In absence of proof, whether loan have been paid, such plea cannot be accepted--Question of written off loans/liabilities was considered by learned Full Bench of this Court vide order dated 02.05.2013 in W.P. No. 9623 of 2013 arising out of rejection of nomination papers of petitioner by learned Election Tribunal in matter of nomination papers filed by him for contesting elections of NA-89 Jhang-I and PP-78 Jhang-II--In said order, learned Full Bench of this Court, after deliberating upon various loans obtained by business concern of petitioner--Needless to observe here that while deciding matters, qua acceptance or rejection of nomination papers, information provided by State authorities has to be relied upon and same cannot be doubted unless some material is placed before Court that information so contained is either not up to date or is incorrect--Written off loans/liabilities, subject matter of instant case, were also considered in previous round of litigation and on that very basis, petitioners were disqualified in terms of s by Hon'ble Supreme Court--Petitioners were required to show that loan liabilities, reproduced supra, have been paid off after afore-referred s of learned Full Bench of this Court as well as that of Hon'ble Apex Court and in absence whereof, petitioner's argument that loan liability stands paid off, cannot be accepted for purpose of permitting them to contest elections within contemplation of afore-referred provisions of Constitution--Petition was dismissed. PLD 2018 SC 405; PLD 1978 SC 89; PLD 1975 Lah. 359; 1986 CLC 2489 & PLD 1986 Quetta 148, ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE- This consolidated judgment shall dispose of instant petition alongwith following connected petition as common questions of law and facts are involved in these cases:-- W.P. No. 223062 of 2018 titled Rashda Yaqub v. The Election…

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