Case Details

Citation(s)
2021 SLG 159 2021 SLD 159 2021 MLD 49
Sindh High Court
Constitutional Petitions Nos. D-4140, D-4223, D-4226, D-4229 and D-4284 of 2018, decision Dated: 16th March, 2020, Dates of hearing: 16th, 23rd November, 2018; 1st, 15th February, 2019; 26th April, 2019, 10th May, 6th, 9th, 30th August, 6-09-18th October,
MUHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Khawaja Shamsul Islam for Petitioners (in C.P. D-4140 and 4284 of 2018). Haq Nawaz Talpur for Petitioners (in C.P. No.4226 of 2018). Syed Mureed Ali Shah for Petitioners (in C.P. No.4229 of 2018). Basil Nabi Malik for Petitioners (in C.P. No.4223 of 20

ALLAH BUX KHAN UNAR AND OTHERS

VS

SOHAIL ANWAR SIYAL AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 62(1)(f)

Constitution of Pakistan--- ----Arts. 62(1)(f) 199---Constitutional petition---Quo Warranto, writ of---Declaration of assets---Commission of crime---Holding of IQAMA, non-disclosure of Petitioners assailed elections of respondents as Members of Provincial Assembly on the ground that they did not declare holding of IQAMA by them in the declaration Form---Validity---Culpable act or omission of a person undertaken prior to holding public office, could conceivably led to his disqualification from holding a public office subsequently acquireds failed to demonstrate to High Court that IQAMA was an asset---No requirement for disclosure of holding an IQAMA in nomination Form or statement of assets accompanying the same was placed before High Court---No admission existed or irrefutable direct evidence was placed on file to demonstrate the existence of any undisclosed assets, crystallized or receivable, non-disclosure whereof would render a member unqualified to hold public office, per Art. 62(1)(f) of the Constitution---Constitutional petition was dismissed, in circumstances. Barrister Sardar Muhammad v. Federation of Pakistan and others PLD 2013 Lah. 343; Lt.-Col. Farzand Ali and others v. Province of West Pakistan PLD 1970 SC 98; Imran Ahmad Khan Niazi v. Mian Muhammad Nawaz Sharif PLD 2017 SC 265; Sher Alam Khan v. Abdul Munim and others PLD 2018 SC 449; PLD 2018 SC 114; PLD 2018 SC 189; PLD 2017 SC 265 and PLD 2010 SC 817; Malik Shakeel Awan v. Sheikh Rasheed Ahmed and others PLD 2018 SC 643; Muhammad Hanif Abbasi v. Jahangir Khan Tareen PLD 2018 SC 114; Masudul Hasan v. Khadim Hussain and another PLD 1963 SC 203; Khuda Baksh v. Mir Zafarullah Khan Jamali 1995 CLC 1860; Malik Nawab Sher v. Chaudhry Munir Ahmed and others 2013 SCMR 1035; Pakistn Olympic Association and others v. Nadeem Aftab Sindhu and others 2019 SCMR 221; Imran Ahmed Khan v. Muhammad Nawaz Sharif PLD 2017 SC 692; Khawaja Muhammad Asif v. Muhammad Usman Dar PLD 2018 SC 2128; Muhammad Siddiq Baloch v. Jahangir Khan Tareen and others PLD 2016 SC 97; 2015 PLC 45; 2015 CLD 257; PLD 2011 SC 44; PLD 2007 SC 642; Mehmood Akhtar Naqvi v. Federation of Pakistan and others PLD 2012 SC 1089 and Nida Khuhro v.…
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