Law: Elections Act, 2017

Section: 60,62,63(4)

Elections Act (XXXIII of 2017)--- ----Ss. 63(4), 60 & 62---Nomination for elections---Scrutiny of Nomination Papers of a candidate---Appeal against scrutiny order---Disqualification on ground of default of government dues in terms of S. 63(4) of the Elections Act, 2017---Contention of candidate, upon whose nomination Appellate Tribunal had received information that he was a defaulter, was that he was unaware of any amount owed to a government department, and that verification of such default required further inquiry which was beyond jurisdiction of Appellate Tribunal---Candidate further contended that the Agriculture Department, to which the alleged dues were owed, was not a financial institution---Validity---Representatives of the Provincial Agriculture Department verified the amount owed by candidate and the amount in question were government dues, which were liable to be paid by the candidate, and the said information regarding the dues was not disclosed in the nomination papers ---Candidate had not been able to rebut information provided by the Department and therefore there was no doubt that the candidate was a defaulter---Nomination papers of the candidate, were rejected under S. 63(4) of the Elections Act, 2017---Appeal was disposed of, accordingly. 2003 YLR 749, 1994 SCMR 1499; PLD 2017 SC 70 and an unreported order dated 22.10.2014 ref. THIS ORDER PASSED BY: MUHAMMAD KARIM KHAN AGHA, JUSTICE:---.--- Pursuant to the order dated 25.06.2018 Mosa Kamlo, Director, Agriculture, Supply and Prices Department, Government of Sindh has appeared and confirmed that the entries of default as referred to in the said order are correct. Learned counsel for Respondent No.1 Mir Saijad Ali Talpur and his wife have submitted that wife of Respondent No.1 is not a defaulter and that all the material brought on record has been managed by the appellant, who is a rival of Mir Sajjad Ali Talpur. Learned counsel states that neither he nor his wife are defaulters and also contends that there are material contradictions in the documents on which the appellant relied upon; that the information on record requires further inquiry which is beyond the scope of this tribunal; that…

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