Law:

Section:

Representation of People Act, 1976 (LXXXV of 1976)-- ----S. 76-A--Constitution of Pakistan, 1973, Arts. 62(1)(7) ,  185(3)--Nomination papers--Disqualified to contest elections--Fake degree--Question of--Whether omission of non-mentioning agricultural property inherited was sufficient enough to disqualify permanently--Termination of candidature--It is now a well settled principle that every nondisclosure or mis-declaration would not be sufficient enough to permanently disqualify a member of Parliament or a candidate--The purpose and intention needs to be seen behind nondisclosure or mis-declaration--The returned candidate would be disqualified only when if he/she has dishonestly acquired assets and is hiding them to derive certain benefits--If non-disclosure or mis-declaration is such that it gives an illegal advantage to a candidate then it would lead to termination of his candidature--Act of appellant at best could be termed as bad or negligence and as property was legitimately acquired through inheritance, same could not be labeled as acquired through dishonest means--For this negligence, she could not be disqualified for life.   [Pp. 111 ,  118] A ,  E Ref. 2018 SCMR 2728. Constitution of Pakistan, 1973-- ----Art. 62(1)(f)--Representation of People Act, (LXXXV of 1976), S. 76-A--Termination of candidature--Non-disclosure of mis-declaration--In cases where non-disclosure or misdeclaration gives an illegal advantage to a candidate then such non-disclosure or misdeclaration would terminate his candidature, and if he has been elected to his disqualification and consequent removal but misdeclaration made by respondent apparently did not offend any law, in that if he had disclosed his entire land holding and had shown value of said house to be forty eight million rupees he would still be able to contest elections. [P. 114] B Ref. PLD 2018 SC 189. Representation of People Act, 1976 (LXXXV of 1976)-- ----S. 76-A--Termination of candidature--Question of--Whether act of appellant of non-mentioning of landed property was a dishonest act with a view to gain benefits--No wrongdoing was associated with acquisition of property or its retention, in view…

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