Law: Sindh Local Government Act, ( XLII of 2013)

Section: 23,54,55,71

Law: Representation of the People Act, 1976

Section: 12,76A

Law: Conduct of Elections Rules, 1977

Section: R.3

Law: Sindh Local Councils Elections Rules, 2015

Section: R.61

(a) Sindh Local Government Act (XLII of 2013)--- ----S.55---Sindh Local Councils (Elections) Rules, 2015, R.61---Representation of the People Act (LXXXV of 1976), S. 12---Conduct of Elections Rules, 1977, R. 3---Declaration of assets, filing of---Requirement---Scope---No requirement existed for filing declaration of assets and liabilities by a candidate who is contestant in a local government election under Sindh Local Government Act, 2013 and Sindh Local Councils (Elections) Rules, 2015---Requirement of disclosure of assets and liabilities as mentioned in Representation of the People Act, 1976 and Conduct of Elections Rules, 1977 could not be read into the scheme of Sindh Local Government Act, 2013 and its provisions, which are specially enacted for local bodies elections. (b) Interpretation of statutes--- ----Penal clause, absence of---Effect---Unless a penal provision is expressly mentioned either in statute itself or a rule made thereunder, a person cannot be penalized or disqualified on any assumption or by invoking a provision from some other statute. (c) Maxim--- ----Expressio unis est exclusio alterius---Express enactment shuts door to further implication---When a statute directs a thing to be done in a particular manner or by certain persons, then it should be done in the manner and by persons so mentioned. Hasnat Ahmad Khan v. Institution Officer 2010 SCMR 354 rel. (d) Sindh Local Government Act (XLII of 2013)--- ----Ss. 23, 54, 55, 71 & Form-XVII---Sindh Local Councils (Elections) Rules, 2015, R. 61---Representation of the People Act (LXXXV of 1976), S. 76-A---Local bodies elections---Declaration of assets---Disqualification of returned candidate---Scope---Respondent was notified as successful returned candidate by Election Commission of Pakistan in local bodies elections---Appellant assailed elections and his petition was dismissed by Election Tribunal---Validity---For determining qualification or disqualification of returned candidate it was necessary to compare his declaration/disclosure of assets and liabilities which he was required to submit under S.23 of Sindh Local Government Act, 2013 after he was elected with that of his last…

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