Law:

Section:

(a) Representation of People Act (LXXXV of 1976)---   ---Ss. 12(2), 14(3)(c) & 99(1-A)---Conduct of General Elections Order [Chief Executive's Order No. 7 of 2002], Art. 8D (2) (o)-- Constitution of Pakistan (1973), Art.199-- Constitutional petition---Election of National Assembly---Rejection of nomination papers on the ground that petitioner's wife was defaulter of loan as she had undertaken to satisfy consent decree in favour of Bank either as Director or guarantor of the company-- Election Tribunal rejected petitioner's appeal---Validity---Terms of agreement between Bank, company and its Directors including the petitioner and his wife did not show that they had bound themselves in their personal capacity---Covenant regarding repayment of loan and concession of waiver of some loan were in favour of company-- Waiver of some loan in agreement was a proposal, which was to consummate in case of compliance of its terms, thus, same could not be said to have been written off-- Petitioner's wife had not accepted liability to pay loan and was not beneficiary of concession of waiver of loan---Original transaction of loan stood superseded by consent decree of Court and terms thereof were being complied with by the company-- Unless there was default by company, wife could not be termed as defaulter of loan rendering petitioner disqualified-- High Court accepted Constitutional petition and set aside impugned order.   Sardar Talib Hussain Nakai v: Returning Officer and another 1993 MLD 2485; Ghulam Mustafa Jatoi v. A.D.S.J./R.O. and others 1994 SCMR 1299; Haji Ghulam Sabir Ansari v. Returning Officer 1993 MLD 2508; Federation of Pakistan v. Muhammad Saifullah Khan PLD 1989 SC 166 and Muhammad Aslam Butt v. Returning Officer, Gujranwala 1993 MLD 2496 ref.   (b) Words and phrases-----   ------Written off "---Meaning.   Black's Law Dictionary, 6th Edn. ref.   (c) Representation of the People Act (LXXXV of 1976)-----   ----S. 14---Constitution of Pakistan (1973), Art. l99---Constitutional petition---Election of National Assembly---Rejection of nomination papers---Contention of respondent was that ballot…