Law: Representation of the People Act, 1976

Section: 12,14(5),99

Law: Representation of the People Act, 1976

Section: 12,14(5),99

Law: Constitution of Pakistan, 1973

Section: 62(f)

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 12 & 99---Nomination papers---Scrutiny---Interview by Returning Officer---Scope---Questions put by Returning Officer regarding Islamic provisions of the Constitution were not justified and were uncalled for---Failure to give correct replies of such questions could not form basis for rejecting nomination papers of candidate in election. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 12, 14(5) & 99---Constitution of Pakistan, Art.62(f)---Sagacious and righteous---Nomination papers, scrutiny of---Nomination papers of appellant were rejected by Returning Officer on the allegation of concealing true facts---Validity---Figures of income declared by appellant did not tally with total income declared by him in Column No.12 of nomination papers---Appellant also declared an increase into his assets in year, 2012, as per detail given in column of assets of nomination papers but there was no explanation for such increase as to wherefrom source of such increase came---Scrutiny conducted by Returning Officer and perused by Election Tribunal reflected that appellant did not truly reflect his sources of income in different papers which did not even tally with each other---Such contradictions were of substantial nature and reflected seriously upon personal character of appellant---Provision of Art.62(f) of the Constitution had made fundamental qualification for being elected as member of Majlis-e-Shoora for a person that he should be a sagacious, righteous, non-profligate, honest and Ameen---Appellant was rightly adjudged by Returning Officer to be suffering from lack of qualifications mentioned in Art.62(f) of the Constitution---Appeal was dismissed in circumstances. Malik Iqbal Ahmad Langrial v. Jamshed Alam and others PLD 2013 SC 179; Muddasar Qayyum Nahra v. Ch. Bilal Ijaz and others 2011 SCMR 80; Ch. Bilal Ijaz v. Mudassar Qayyum Nahra and 4 others 2010 CLC 1692; Mian Saif-ur-Rahman v. Malik Iqbal Ahmad Langrial and 4 others 2012 CLC 1806 and 2011 SCMR 80 rel. Muhammad Saeed Ansari and Sh. Muhammad Akram for Appellant. Raja Muhammad Arif, Addl. A.-G. and Muhammad Iqbal Reader, Sessions…

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