Law: Representation of the People Act, 1976

Section: 14(5A),99

Law: Representation of the People Act, 1976

Section: 14(5A),99

Law: Constitution of Pakistan, 1973

Section: 62,63

Representation of the People Act (LXXXV of 1976)-------Ss. 14(5A) & 99---Constitution of Pakistan, Arts.62 & 63---Loan defaulter---Liability of guarantor---Nomination papers filed by respondent candidate were accepted by Returning Officer during scrutiny---Appellant bank preferred direct appeal before High Court alleging that respondent candidate was wilful defaulter of loan---Plea raised by respondent was that he was guarantor and not principal debtor---Validity---Decree was passed against respondent and the same had been upheld by Supreme Court but it remained unsatisfied---Liability of guarantor was co-extensive with that of principal debtor, therefore, respondent was liable to pay decretal amount---Respondent did not disclose fact of passing of decree against him in his nomination papers---Respondent was not only adjudged defaulter in terms of S.14 (5A) of Representation of the People Act, 1976, but was also guilty of concealment of facts---Candidature of respondent was hit by provisions of Arts.62 & 63 of the Constitution read with S.14 (5A) of Representation of the People Act, 1976---Election Tribunal directed to delete name of respondent from list of validly nominated candidates of the constituency and his nomination papers were rejected---Appeal was allowed accordingly. Rao Tariq Mehmood v. Election Tribunal, Punjab and another PLD 2003 Lah. 169; Dr. Shaukat Ilahi v. Ch. Mubashar Hussain and another 2008 CLC 341; Sardar Talib Hussain Nakai v. Returning Officer and another 1993 MLD 2485; Haji Ghulam Sabir Ansari v. Returning Officer 1993 MLD 2508; Ch. Muhammad Aslam Kaira v. Returning Officer, PP-96, Gujra-6 1994 MLD 424; Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer, NA.158, Naushero Feroze and others 1994 SCMR 1299 distinguished. Daewoo Corporation v. Messrs Platinum Insurance Company Limited 1997 CLC 1272; Rafique Hazquel Masih v. Bank Alfalah Ltd. and others 2005 SCMR 72 and Ch. Mubashar Husssain v. Returning Officer, Kharian, District Gujrat and 3 others PLD 2008 Lah. 134 rel. Ashar Elahi and Syed Iftikhar Hussain Shah for Appellant. Dr. Babar Awan, Khalil Ahmad, Waseem Majid Malik and Shahid Ikram…

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