Law:

Section:

Representation of the People Act (LXXXV of 1976)-.-----Ss. 52, 68 & 99---Election petition---Defeated candidate in his election petition had challenged election of returned candidate alleging that: returned candidate being defaulter of loans and Government dues and utility expenses was disqualified to contest election---Returned candidate, who denied all allegations in his detailed written statement, had stated that when after filing of nomination papers he learnt about outstanding Government dues and loans .in question, he filed Constitutional petition in High Court in which interim relief in form of stay order was granted to him---Returned candidate had also stated that as Constitutional petition involved determination of disputed questions of fact, he sought withdrawal of Constitutional petition with permission to file civil suits and that High Court not only allowed him to withdraw same with permission to file civil suits, but had also observed that pending filing of civil suits, within stipulated period there would be no adverse effect on his candidature---Returned candidate after withdrawal of Constitutional petition had filed civil suits in Civil Court to which stay order was granted in his favour pending suits--Returned candidate, in circumstances, had neither suppressed anything from Courts nor had committed any illegal or :corrupt practice as alleged by petitioner in his election petition against him---Returned candidate had fully proved that he was not a defaulter of loans/Government dues and utility expenses either at time of submission of nomination papers or on polling day--Election petition filed against returned candidate, was dismissed in circumstances. JUDGMENT In the General Elections held on 3-2-1997 Haji Abdur Rehman Khan respondent No.l herein, was declared elected from Constituency No.PF-5, Peshawar V. Taking exception, Kiramatullah Khan, one of the defeated candidates, has filed this election petition wherein he has challenged the election of the returned candidate and prayed that the same may be declared void and he may be declared as duly elected. The challenge has been based mainly on the following grounds.--- (a) In his…

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