Case Details

Citation(s)
2006 SLG 2730 2006 SLD 2730 2006 SCMR 1495
Supreme Court of Pakistan
Civil Petition No.2143 of 2005, decision dated: 16-08-2005
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. SARDAR MUHAMMAD RAZA KHAN AND SAIYED SAEED ASHHAD, JJ

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MUHAMMAD SAEED AWAN and anothers

VS

DISTRICT RETURNING OFFICER, ATTOCK and others

Law:

Section:

Punjab Local Government Elections Ordinance (V of 2000)-------S. 8(b)---Punjab Local Government Elections Rules, 2000, Rr.16(3)(iv), (4) & 18---Constitution of Pakistan (1973), Art.185(3)---Conversion of petition into appeal---Declaration of assets---Original record had shown that when nomination papers were submitted by petitioner, he was not owner of property---Petitioner, in circumstances was not obliged to make disclosure of his assets in his nomination papers---Petition was converted into appeal and same was allowed---Impugned passed by Appellate Court was set aside and order of Returning Officer was restored accordingly. Ch. Afrasiab Khan, Advocate Supreme Court for Petitioners. Ch. Muhammad Tariq, Advocate Supreme Court for Respondent No.3. Muhammad Hanif Khatana, Additional Advocate-General, Punjab for Advocate-General, Punjab. Date of hearing: 16th August, 2005. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---In pursuance of our order, dated 15th August, 2005, Hamid Akhtar, Tehsildar, Attock appeared and produced the record of Khasra No.428, Mauza Tajak District Attock and confirmed that on 26th July, 2005, this property was entered on the name of Safdar Hussain the brother of the petitioner and it was attested on later's name on 27th July, 2005. He further confirmed revenue document dated 1st August, 2005 produced by the respondents in the Court to substantiate that property still exist on the name of Akbar Khan son of Ghulam Rabbani is a fake document. According to him, it has not been issued by the office of the Tehsildar, Attock. Be that as It may, in presence of original record, we are inclined to hold that on…
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