Law: Cantonments Ordinance, 2002

Section: 60(1)(i)

Cantonment Ordinance (CXXXVII of 2002)--- ----S.60(1)(i)---Cantonment Local Government (Election) Rules, 2015, R.17(5) Form-IV---Nomination papers---Declaration of assets---Object, purpose and scope---Probe and inquiry was a candidate for election of Cantonment Board---Nomination papers of petitioner were rejected by Appellate Authority on the ground that he concealed one partnership deed in his assets declaration form---Validity---Requirement to file declaration of assets was to ensure that no dishonest person should be allowed to hold affairs of public of the given ward or the area of cantonment---Object was to create a primary filter to ensure that no dishonest person or a person having such history or person likely to misuse his power for obtaining any personal or any undue benefit (based on dependable evidence) should be elected---No intention behind legislation to disqualify a person from exercising his right to contest election or to be elected on the basis of mere technicalities or an innocent mistake or omission to declare a property acquired through lawful means---Appellate Authority rejected nomination papers without proper probe and inquiry as well as without disclosing asset and income which had been concealed dishonestly---High Court set aside the order passed by Appellate Authority and restored that of Returning Officer accepting nomination papers as petitioner had no bad intent behind not mentioning of name of partnership in question in Form IV of nomination paper---Nothing was on record showing any benefit derived by petitioner from alleged mis-declaration---Constitutional petition was allowed accordingly. Shamona Badshah Qaisarani v. Election Tribunal, Multan and others 2021 SCMR 988 and Rai Hassan Nawaz v. Haji Muhammad Ayub and others PLD 2017 SC 70 rel. JUDGMENT SULTAN TANVIR AHMAD, J.---- Through this constitutional petition, judgment dated 10.08.2021 passed by learned District and Sessions Judge/Appellate Authority for Cantonment Elections, 2021, Sialkot, has been challenged. 2. Petitioner filed his nomination papers to contest election of Cantonment Local Government Elections, 2021, Sialkot, for general seat from Ward No.2. The…

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