Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----Ss. 99, 62, 14 &12---Constitution of Pakistan, Arts. 63(1)(n) & 62---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 9---Disqualifications for membership of Majlis-e-Shoora (Parliament)---Scrutiny of nomination papers---Disqualification on basis of default in loan from Financial Institution---Determination of such default---Evidentiary value of entries in Credit Information Bureau of State Bank of Pakistan---Scope---Petitioner impugned order of Election Tribunal whereby his nomination papers were rejected on ground that he was in default of a loan from a Financial Institution and was therefore disqualified under Art. 63(1)(n) of the Constitution--- Validity--- Default under S. 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 was only made when and decree was passed under said Ordinance---In the present case, information relied upon by the Returning Officer was from the database maintained by Credit Information Bureau of the State Bank of Pakistan and such entries in credit reports had no evidentiary value and only served purpose of informing other financial institutions about credit history of a person---Financial Institution, in the present case, had filed suit for recovery against petitioner which was pending adjudication in which and decree determining amount of default (if any) of petitioner had not been passed---Petitioner had acknowledged such finance facilities in nomination papers and stated therein that there was dispute in regard to the same and a suit was pending---High Court observed that in scrutiny of nomination papers, disqualification of a candidate on the basis of unliquidated claim of a financial institution ought not to be made ---High Court set aside impugned order and directed that nomination papers of petitioner be accepted---Constitutional petition was allowed, accordingly. Shahibzada Faisal Ali Khan v. Federation of Pakistan and others 2017 CLD 463 rel. THIS ORDER PASSED BY: SHAHID KARIM, JUSTICE---.--- This writ petition calls into question order dated 21.06.2018 passed by the learned Appellate Tribunal whereby the election…

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