Law: Representation of the People Act, 1976

Section: 14(5),99

Law: Representation of the People Act, 1976

Section: 14(5),99

Law: Constitution of Pakistan, 1973

Section: 63(1)(c)

Representation of the People Act (LXXXV of 1976)-------Ss. 14 (5) & 99---Constitution of Pakistan, Art.63(1)(c)---Nomination papers---Scrutiny---Disqualification---Foreign citizenship of spouse and children---Appellant was aggrieved of acceptance of nomination papers of respondent by Returning Officer---Validity---Person whose spouse or children/dependents had acquired citizenship of foreign country was not disqualified to be member of Majlis-e-Shoora (Parliament) under Art.63(1)(c) of the Constitution---Order passed by Returning Officer did not suffer from any illegality or infirmity---Appeal was dismissed in circumstances. Appellant in person. ORDER The appellant has assailed the vires of order dated 7-4-2013 passed by the learned Returning Officer NA-52, Rawalpindi, whereby the objections filed by him on the nomination form submitted by respondent No.2 were rejected and consequently the papers were accepted. The question raised by the appellant is that if the spouse or dependents/children of a candidate are citizens of a foreign State, whether he is qualified for membership of Majlis-e-Shoora (Parliament) and if the said person would remain loyal to the State as required under Article 5 of the Constitution of Islamic Republic of Pakistan, 1973. 2. The appellant has contended that Article 35 of the Constitution provides that State shall protect the family life so a candidate whose spouse and the children are citizens of a foreign State would not be able to serve the nation wholeheartedly as his attention would always be diverted to the welfare of his family living in the foreign country. While referring to Verse No.72 of Sura-Al-Infal he urged that if the members of the family of some one do not migrate to Dar-ul-Islam, they are not entitled to inherit from him. According to him as the family members of the caretaker Prime Minister and caretaker Chief Minister are not entitled to contest the elections in view of Article 224(1B) so in the similar manner the candidate whose family is living in a foreign country is not qualified to become member of Majlis-i-Shoora (Parliament). It is vehemently urged that the learned Returning Officer erred in over-ruling…

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