Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----S. 12(2)--- Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 22---Election for Gilgit Baltistan Legislative Assembly---Nomination papers, rejection of---Judgment debtor/defaulter---Banking Court had passed a /decree against the returned candidate before he submitted his nomination papers for contesting election---Appeal against such /decree had to be filed in the Chief Court within 30 days, however the same was filed after a lapse of 2 years, 6 months and 5 days, without filing any application for condonation of delay---Such time-barred appeal was incorrectly entertained by the Chief Court without any objection---Even otherwise, Chief Court gave directions to maintain the status quo and never suspended the operation of the impugned /decree of the Banking Court, which meant that returned candidate remained a debtor---At the time returned candidate was (incorrectly) declared to be qualified to contest the election, he was admittedly a debtor/defaulter and could not contest the election---Supreme Appellate Court set-aside the election of the returned candidate and declared the election as void ab initio, illegal and held without lawful authority, and directed the office of the Chief Election Commissioner to de-notify the returned candidate as member Gilgit-Baltistan Legislative Assembly forthwith, and announce the "election schedule" of bye-election within two weeks for holding the same within prescribed time in accordance with law. THIS JUDGMENT DELIVERED BY: DR. RANA MUHAMMAD SHAMIM, C.J.--- The petition for leave to appeal filed by the National Bank of Pakistan through Manager Sost Branch, Hunza-Nagar against Messrs Silk Route Dry Port Trust Sost Gojal through Chairman, Prince Saleem Khan son of Mir Ghazanfar Ali Khan, Raja Shahbaz Khan resident of Gojal District Hunza and Barkat Ullah Baig resident of Gojal District Hunza against a Judgment dated 02.08.2016, passed by the Division Bench of Chief Court in case CFA No. 11/2015. Leave in this case was granted on 17.11.2016. Upon hearing, the appeal was allowed vide order dated 19.09.2017. At the time of passing judgment, this Court…

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