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 of water charges of the water used from canal for irrigation purpose---Contention of the petitioner was that his father owed water charges and that too had been paid by him before passing of impugned order---Validity---Counsel appearing on behalf of the objector had been unable to substantiate the allegation---Petitioner had sworn affidavit that he did not owe any dues to the Government and water rate or penalty payable were owed by the father of the petitioner---Only the default in payment of the Government dues including the water charges by the candidate himself might render candidate ineligible---Impugned order was declared illegal and was set aside. Malik Muhammad Rafiq Rajwana for Appellant. Malik Muhammad Latif Khokhar for Respondent No.2. Muhammad Sohail Iqbal Bhatti, Addl. A.-G. Javaid Iqbal Hashmi, Standing Counsel on Court call. Nemo for respondents Nos.3 to 8. ORDER On the allegation that the appellant owed Rs.1,79,243/- on account of water-charges and penalty his nomination papers were rejected. 2. It is contended by the learned counsel for the appellant that imposition of penalty on water-charges does not amount to commission of an offence and cannot be termed, conviction. In view of provisions of Article 63(1)(o) of the Constitution of Islamic Republic Pakistan, 1973, a candidate may incur an ineligibility if he independently has defaulted in payment of water-charges for over six months period at the time of filing of his nomination papers. That is not in the case in hand. It was not the appellant, but his father who owed the alleged amount and that too had been paid by him before passing of the impugned order,…

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