Law:

Section:

(a) Parliament and Provincial Assemblies (Disqualification for Membership) Order (17 of 1977)-------Preamble-- -Nature of proceedings under the Presidential Order---Special Court while deciding the issues in the case under the Presidential Order will be guided by the preponderance of evidence---Benefit of doubt arising in the case will be extended to the person proceeded against for findings of the Court entail disqualification.--[Benefit of doubt]. Sardar Muhammad Muqeem Khoso v. President of Pakistan Civil Appeal No.262/K of 1991 ref. (b) Undue influence--- ---- Exercise of---What is relevant is the capacity of a person to influence the decision of another and not his presence or absence at the time of decision. It is not necessary, in order to prove exercise of influence by one person on the decision of another that the former must be present before the latter physically in order to influence the latter's decision. It is quite possible that the former may be absent at the time of decision by the latter but because of the circumstances created by the former the decision of the latter is effectively influenced by the former. Therefore, what is relevant is the capacity of a person to influence the decision of another and not his presence or absence at the time of decision. (c) Parliament and Provincial Assemblies (Disqualification for Membership) Order (17 of 1977)--- ----Art. 2(a)---Agricultural Development Bank of Pakistan Rules, 1961, R.18(1)(8) & (22)---Agricultural Development Bank of Pakistan Ordinance (IV of 1961), S.12---Misconduct---Siting member of National Assembly by virtue of his said office was nominated on the Board of Directors of Agricultural Development Bank of Pakistan as a non-official Director and on basis of that nomination he also became member of Debt Write-off Committee---Said Member attended the meeting of Debt Write-off Committee in which decision was taken on the application of his wife for writing off the interest on loan---Effect---Held, remission of interest of loan granted to Member's wife was wholly unjustified and illegal and was the result of undue influence exercised by him over the Committee in abuse of his position as…

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