Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--S. 12 [as amended by Representation of the People (Amendment) Ordinance (XVI of 1993) and Representation of the People (Amendment) Ordinance (XX of 1993)]---Banks Nationalization Act (XIX of 1974), S. 12(5) [as incorporated by Banks Nationalization (Amendment) Ordinance (XIX of 1993)]---Banking Tribunals Ordinance (LVIII of 1984), S. 2(e)---"Loan"--­Word "loan" in S. 12(2),(iii) (as amended) of Representation of the People Act, 1976 has to be strictly construed---Declaration to be filed with nomination paper by the candidate under S. 12(2)(iii) of the Representation of the People Act, 1976 (as amended)---Language employed in cl. (iii) of subsection (2) of S. 12 of the Representation of the People Act, 1976 (as amended) does not admit the inclusion of a "guarantor"---"Loan agreement" is distinct from an "agreement of guarantee". The language employed in clause (iii) of subsection (2) of section 12 of the Representation of the People Act, 1976 does not admit the inclusion of a guarantor for the following reasons:-- (i) That the words "in his own name or in the name of his spouse or dependent or any business concern mainly owned" negate the inclusion of any other category of persons. (ii) Clause (iii) of subsection (2) of section 12 of the Representation of the People Act, 1976 has categorised the persons who are covered by the same, namely, the candidate should have taken the loan himself or his spouse or dependent or any business concern in which he owns share of 51 per cent. or more as provided for in the Explanation to subsection (7) of section 12 of the Act incorporated by Ordinance XX of 1993. A loan agreement is distinct from an agreement of guarantee. If the word "loan" referred to in clause (iii) of subsection (2) of section 12 of the Act is construed to include a guarantee, it will entail defranchisement of the candidate and, therefore, such a provision is to be construed strictly. Any provision of the statute which encroaches upon the rights of a citizen is to be construed strictly. The definition of the term "finance" given in clause (e) of section 2 of the Banking Tribunals Ordinance, 1984 cannot…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492