Law: Conduct of General Elections Order (7 of 2002)

Section: 8(d)(1)(g)

Law: Conduct of General Elections Order (7 of 2002)

Section: 8(d)(1)(g)

Law: Representation of the People Act, 1976

Section: 12(2)(c),12(2)(1),14(3)(d)(ii),99(1)(t)

Representation of the People Act (LXXXV of 1976)-------Ss. 12(2)(f) & 14---Conduct of General Elections Order (7 of 2002), Art.8(d)(1)(g)---Disqualification---Details of properties and amount of land revenue---Misdeclaration---Scope---Candidate was allegedly guilty of misdeclaration in his nomination papers by giving incorrect amount of land revenue and not mentioning area of land owned by him---Objections raised by appellant were rejected by Returning Officer---Validity---Requirement of law was that in terms of S.12(2)(f) of Representation of the People Act, 1976, candidate had to give statement of his assets and liabilities and those of his spouse and dependants on prescribed Form on preceding 30 days of June---Law did not provide that exact measurement of property was to be given and did not prescribe that a candidate was . disqualified to contest election, if he held certain area, as such it might be a bona fide error on the part of candidate and the same could be allowed to be remedied under S.14(3)(d)(ii) of Representation of the People Act, 1976---Law having not provided any limit of payment of land revenue for contesting election, any error or difference in payment of land revenue did not amount to concealment of material particulars which could .entail disqualification---Non-mentioning of details of properties and difference in payment of land revenue and giving incorrect figures in nomination papers did not amount to false/incorrect statement in material particulars---Nomination papers of candidate were rightly accepted by Returning Officer and there was no illegality or infirmity in the order---Appeal was dismissed accordingly. Rao Tariq Mehmood v. Election Tribunal, Punjab, Lahore PLD 2003 Lah. 169; Umar Ayub Khan v. Returning Officer NA-19, N.-W.F.P., District Haripur/Additional District and Sessions Judge, Haripur 2003 MLD 222 and Illahi Bux Soomro v. Ijaz Hussain Jakhrani 2004 CLC 1060 ref. Mrs. Sofia Saeed Shah and M.G. Bhutto for Appellant. Abid S. Zuberi for Respondent No. 1. Agha Zafir Ali, Asst. A.-G., Sindh for Respondent No.2. Date of hearing: 12th December, 2007. JUDGMENT NADEEM AZHAR SIDDIQI, J.--- This appeal has been filed against…

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