Law:

Section:

Representation of the People Act (LXXXV of 1976)-------S. 12 [ as amended], Explanation and S. 76-A---Disqualification for Provincial Election---Default in repayment of loan and concealment of that fact in nomination form---Expression "loan" as given in S.12, Representation of the People Act, 1976 means the loan, advance, credit or finance obtained or written off on or after 31-12-1985---Wife of candidate obtained loan in the year 1977, much before marriage, and decree for recovery had been passed against her in 1988---Held, in terms of Explanation to S.12 of the Act, loan obtained prior to 31-12-1985 was not relevant for purpose of that section 12---Decree for recovery of loan passed against wife of the candidate in 1988 was of no consequence as the loan was advanced prior to 31-12-1985---Candidate in circumstances, was not required to mention in his nomination form that his wife had obtained some loan---Election petition was dismissed. JUDGMENT This is petition under section 76-A of the Representation of the People Act, 1976 filed by Mr. Mazhar Ahmad Qureshi challenging the election of Muhammad Ilyas, respondent, to the Punjab Provincial Assembly from Constituency PP-23 Sargodha. 2. Learned counsel for the petitioner has contended that the wife of the respondent was Learned defaulter in repayment of the loan obtained by wife (Mrs. Sofia Mir) from A.D.B.P. and a decree also stands passed against her in 1988 which has not been honoured. According to the learned counsel, the other disqualification which the respondent suffers is that he has concealed this fact in his nomination form though he was required by section 12 (viii) of the Representation of People Act, 1976 to furnish a statement of assets and liabilities of his own and that of his spouse as on 30-6-1996. 3. In reply, Mr. Muhammad Ashraf Khan, learned counsel for respondent has stated that the above stated loan was obtained by Sofia Mir on 10-7-1977 at the time when she had not married the respondent and as such, the respondent cannot be held to be a defaulter in view of explanation of section 12 of the Representation of People Act, 1976 as amended, nor was it necessary for the petitioner to…

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