Law: Representation of the People Act, 1976

Section: 14,12

Law: Representation of the People Act, 1976

Section: 14,12

Law: Constitution of Pakistan, 1973

Section: 62(1)(f),63

Representation of the People Act (LXXXV of 1976)-------Ss. 14 & 12---Constitution of Pakistan, Arts.62 & 63---Disqualification for membership of Majlis-e-Shoora (Parliament)---Rejection of nomination papers on ground of being a dual national---Appellant's nomination papers were rejected on the ground that he had concealed that he was a dual national of both United Kingdom and Pakistan, and as a result of said concealment, the appellant could not be considered as sagacious, righteous, honest and "ameen" in terms of Art.62(1)(f) of the Constitution---Validity---Appellant's Declaration of Renunciation of his British citizenship was accepted by United Kingdom Border Agency/Home Office on 17-8-2012, therefore, at the time of filing his current nomination papers, the appellant did not hold British citizenship---In absence of a declaration by a court of law that the appellant could not be held otherwise than sagacious, righteous, non-profligate, honest and "ameen" person---High Court set aside impugned order and directed that the name of the appellant be placed on the list of validly nominated candidates for his constituency---Appeal was allowed, in circumstances. Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2009 SC 644; Nawabzada Iftikhar Ahmad Khan Bar v. Chief Election Commissioner, Islamabad and others PLD 2010 SC 817; Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 SC 1066; Ch. Nisar Ali Khan v. Ghulam Sarwar Khan and 3 others 2003 CLC 442 and Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others PLD 2012 SC 1054 and ref. Rizwan Zouq v. Returning Officer NA-162 SWL-III, Sahiwal and another 2013 CLC 271 rel. Gohar Ali Khan for Appellant. Date of hearing: 15th April, 2013. JUDGMENT MAMOON RASHID SHEIKH, J.--- This appeal is directed against the order dated 5-4-2013 of the learned Returning Officer PP-26, Jhelum-III, whereby the nomination paper of the appellant has been rejected, inter alia, on the ground that at the time of filing of his nomination paper for the General Elections of 2008 the appellant had concealed the fact of his being a dual national of Pakistan and the United…

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