Law: Senate (Election) Act, 1975

Section: 25,36,58

Law: Senate (Election) Act, 1975

Section: 25,36,58

Law: Constitution of Pakistan, 1973

Section: 218,219

(a) Senate (Election) Act (LI of 1975)...----Ss. 25, 36 & 58---Constitution of Pakistan (1973), Arts. 218 & 219---Grant of certified copy of the statement of "assets and liabilities" filed by returned candidate, to unsuccessful candidate for purpose of filing election petition--­Justification---Filing of "statement of assets and liabilities" would be unnecessary exercise unless such statement was made known to the public or at least to the rival candidate, who was entitled to file election petition on grounds of corrupt practices---Constitution having cast duty on Chief Election Commissioner to guard against corrupt practices, unless a statement of "assets and liabilities" was made known at least to the candidates who took part in election and lost against the returned candidate, corrupt practices could not be guarded against---If statement of "assets and liabilities" was correct, returned candidate need not fear---If returned candidate was straightforward and honest, he should not fear otherwise intention of law indicated that people with clean, honest and proper conduct should represent the electorate---If copy of "assets and liabilities" for which law has been made was granted to rival candidate, such act would advance the object for which law was made and would suppress the mischief, which was intended to be suppressed by the law. (b) Senate (Election) Act (LI of 1975)--- ----S. 25---Qanun-e-Shahadat (10 of 1984), Art. 85---Statement of assets and liabilities filed by returned candidate whether a public document---Name of returned candidate was to be published in the official Gazette by Chief Election Commissioner only after statement of assets and liabilities-had been filed by him under S. 25i Senate (Election) Act, 1975---Such document was, thus, a public document in terms of Art. 85, Qanun-e-Shahadat, 1984---No provision of law was available in Senate (Election) Act 1975 against the inspection or grant of certified copy of statement of "assets and liabilities"--­Certified copy of statement of "assets and liabilities" of returned candidate was thus, supplied to applicant subject to payment of prescribed fee under the rules. Abdul Hafeez Pirzada…

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