Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Nomination papers--Acceptance of--Involvement in criminal cases/FIR's and fact was cancelled in nomination paper--Disclose of bank account and correct value of his assets/income--Declared innocent or acquitted in criminal case--Failure to mention income or bank accounts does not constitute deficiency--In a summary jurisdiction, findings given by appellate tribunal do not come within meaning of declaration under Art. 62 of Constitution--Omission to disclose assets could possibly be unintentional--Petitioners in this as well as connected petition, raised objections against the candidature of Respondent No. 4, namely Muhammad Ahmad Ladhianavi i.e. (i) that eight criminal cases lodged against Respondent No. 4 being 4th Schedule offender, were not disclosed in his nomination papers; (ii) that the respondent has not declared his true assets; (iii) that the respondent has not declared his true net income; (iv) that the respondent has made misstatement qua the assets pertaining to year 2016-2017, while filing the nomination papers; (v) that the account number has not been disclosed; and (vi) that the respondent was declared disqualified because of mis-declaration through a dated 11.11.2016, therefore, he is not qualified to contest the election--It is evident from record that Respondent No. 4 has already been exonerated/declared innocent in all criminal cases--In some cases, he was acquitted from Court of competent jurisdiction, thus, non-disclosure of said criminal cases in nomination papers is not fatal for Respondent No. 4--It has been held by Hon'ble Supreme Court that non-disclosure of a fact which otherwise, if disclosed, could not debar candidate from contesting election, could not be made a ground to preclude candidate from contesting election--So far as objections regarding true assets/net income, misstatement qua assets pertaining to year 2016-2017 and non-disclosure of account number, are concerned, suffice it to say that nothing has been brought on record to show that any asset was concealed--Income is always counted after deduction of expenditure--Account was freezed on 13.06.2018 and…

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