Law: Representation of the People Act, 1976

Section: 14

Law: Representation of the People Act, 1976

Section: 14

Law: Constitution of Pakistan, 1973

Section: 63(1)(o)

Representation of the People Act (LXXXV of 1976)-------S. 14---Constitution of Pakistan, Art.63(1)(o)---Rejection of nomination papers---Nomination papers filed by the petitioner were rejected on the ground that he was defaulter with regard to payment of water charges of water used from canal for irrigation purpose and the holdings of the petitioner were more than 50 acres of land and he was liable to be taxed---Contentions of the petitioner were that there was no outstanding amount against him and his landed property did not exceed the limit of the holdings which could be held liable to be taxed---Validity---Petitioner was not defaulter with regard to water charges on the day of filing of nomination papers and on the day of scrutiny and no disqualification could be attributed to the petitioner---Findings of the Returning Officer were erroneous and result of illegality---Impugned order was not sustainable and the same was set aside. Malik Muhammad Rafiq Rajwana for Appellant. M. Sohail Iqbal Bhatti, Addl. A.-G. Burhan Sabir Mirza for Respondent No.4. ORDER On the objections of Syed Abid Hussain Iman, Manzoor Ali Khan and Sarfraz Ahmad Bhatti etc. the nomination papers filed by the appellant for Constituency NA-87 Chiniot-cum-Jhang were rejected by the learned Returning Officer vide order dated 4-4-2013 on the ground that the appellant was a defaulter with regard to payment of water charges of the water used from canal for irrigation purpose of his land. Today, again when respondent No.4, one of the objectors, was represented through his learned counsel, the same objections were reiterated before us with an addition that the holdings of the appellant are more than 50 acres of land and as such he was liable to be taxed under the Punjab Agricultural Income Tax Act, 1997 (Act I of 1997). 2. In order to demonstrate as to the holdings of the appellant less than what could have been termed as land liable to be taxed, the learned counsel for the appellant has taken us to the detail of the landed property as has been disclosed in the nomination papers by the appellant with a plea that it does not exceed the limit of the holdings which can be held liable to be taxed. 3.…

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