| Citation(s) |
|---|
| 2002 SLG 1167 2002 SLD 1167 2002 SCMR 398 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal,No.1678 of 2001, decision dated: 21st June, 2001.(On appeal from the Order dated 24-6-2001 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Writ Petition No. 1997 of 2001)
SH. RIAZ AHMED, QAZI MUHAMMAD FAROOQ AND, JAVED IQBAL, JJ
Hafiz S.A. Rehman, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioners. M. Bilal, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for
Respondent No. 4
Civil Petition for Leave to Appeal,No.1678 of 2001, decision dated: 21st June, 2001.(On appeal from the Order dated 24-6-2001 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Writ Petition No. 1997 of 2001)
SH. RIAZ AHMED, QAZI MUHAMMAD FAROOQ AND, JAVED IQBAL, JJ
Hafiz S.A. Rehman, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioners. M. Bilal, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for
Respondent No. 4
ABBAS KHAN and ANOTHERS
VS
APPELLATE AUTHORITY, DISTRICT AND SESSIONS. JUDGE, ATTOCK and others
Law:
Section:
(a) Punjab Local Government Elections Ordinance (V of 2000)---S. 14(i)---Punjab Local Government Elections Rules, 2000, R.16(4) & Form XIX---Constitution of Pakistan (1973), Art. 185(3)---Election--Declaration in Form XIX---Concealing of certain assets---Substantial amount of money was lying in deposit in account of candidate and was not disclosed by him in the declaration of assets tiled alongwith the nomination papers--Effect---All assets were not declared in compliance with R.16(4) of Punjab Local Government Elections Rules, 2000, which the candidate was obliged to disclose in Form XIX---Where actual assets of the candidate were at variance with his declared assets, the candidate was not qualified to be elected as a member of Local Government in view of S.14(i) of Punjab Local Government Elections Ordinance, 2000---Leave to appeal was refused. (b) Punjab Local Government Elections Rules, 2000--- ----R.18(3)(i)---Scrutiny of nomination papers---Returning Officer, jurisdiction of---Rejection of nomination papers---Scope---Returning Officer was fully empowered to reject nomination papers for want of qualification--When Returning Officer was satisfied that candidate was not qualified to be elected as member, under the provisions of R.18(3)(i) of Punjab Local Government Elections Rules, 2000, the Returning Officer might either suo motu or upon any objection reject nomination papers of such candidate. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal has arisen from the judgment dated 14-6-2001 of the Lahore High Court, Rawalpindi Bench passed in Writ Petition No. 1997 of 2001. 2. The relevant facts in brief are that the petitioners had filed nomination papers as joint candidates for the seats of Nazim and Naib-Nazim of Union Council Mianwali Tehsil Pindi Ghaib, District Attock. The nomination papers were rejected by the Returning Officer on. 3-6-2001 mainly on the grounds that the candidate for the seat of Naib-Nazim was a defaulter of Government dues and had also not shown the amount of pension deposited in a Bank in his declaration of assets. The appeal filed by the petitioners was also dismissed by the Election Appellate Authority,…
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