Law: Constitution of Pakistan, 1973

Section: 63(1)(k),199,240

Law: Constitution of Pakistan, 1973

Section: 63(1)(k),199,240

(a) Constitution of Pakistan-------Arts. 63 & 199---Constitutional petition---Candidature for membership of provincial assembly---Disqualification---Concealment of facts in nomination papers---Non-disclosure of pendency of criminal cases in nomination papers by candidate---Effect---Petitioner had objected the candidature of a candidate against whom criminal cases were pending---Objections filed by petitioner was turned down and nomination papers had been accepted---Validity---Nomination papers required disclosure of criminal cases that were pending six months prior to the submission of nomination papers---Initial burden was on the petitioner to show that the candidate had knowledge of criminal cases registered against him and that he had consequently made a false declaration in his nomination papers---Petitioner failed to establish the candidate's knowledge about the pending criminal cases---No advantage accrued to the candidate in not disclosing the pendency of criminal cases against him as non-disclosure did not entail disqualification---Candidate was not convicted in any of said criminal cases---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Arts. 63(1)(k), 199 & 240---Constitutional petition---Candidature for provincial assembly---Disqualification---Candidate was Member of the Board of Management of a Public Corporation, owned by the government---Effect---Election Tribunal turned down the objection of petitioner---Validity---Petitioner had not been able to show that the respondent candidate was a paid employee of State owned Corporation---Generally, other than Executive Directors, the Directors on the Board of Public Corporations and Companies, owned by the government or wherein the government holds controlling share were not paid for their services---Respondent candidate had filed a certificate of the company secretary, which stated that he was not an employee of Government of Pakistan and office of the Member of Board of Management was not an office of profit---Respondent candidate was not paid monthly salary, remuneration or other benefits being a Member of the Board---Burden was on petitioner to show that the…

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