Case Details

Citation(s)
2008 SLG 681 2008 SLD 681 2008 CLC 341
Election Tribunal, Punjab
Election Appeal No.194-A of 2007, heard on 11-12-2007
SYED ZAHID HUSSAIN AND FAZAL-A-MIRAN CHAUHAN, JJ, ELECTION TRIBUNAL

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Dr. SHAUKAT ILAHI

VS

Ch. MUBASHAR HUSSAIN and another

Law: Representation of the People Act, 1976

Section: 14(5),99,12(2),14(3)(c),12,13,14(5A)

Law: Representation of the People Act, 1976

Section: 14(5),99,12(2),14(3)(c),12,13,14(5A)

Law: Constitution of Pakistan, 1973

Section: 63(1)(q)(r),62(f),62,63

(a) Representation of the People Act (LXXXV of 1976)------Ss. 12, 13, 14(3)(c) & 14(5A)---Nomination for election---Qualification of candidate-Determination-Procedure-Returning Officer, under S.14(3)(c) of Representation of the People Act, 1976, while conducting summary enquiry is obliged to satisfy as to whether any provision of S.12 or S.13 of the Act has been complied with by the candidate or candidate has submitted any false or incorrect declaration or statement in any material particular and in making such scrutiny he may require any agency or authority to produce any document or record---Section 14(5A) of the Representation of the People Act, 1976 empowers the Election Tribunal to act of its own motion to reject the nomination papers of the candidate who is a defaulter or suffers from any disqualification. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 12, 13, 14(3)(c) & 14(5A)---Representation of the People (Conduct of Elections) Rules, 1977, R.5(6)---Constitution of Pakistan (1973), Arts.62(f) & 63(1)(q)(r)---Nomination for election--Qualification of candidate---Allegations against the candidates were that they were involved in cooperative scandal and had been signatory and surety to plea bargain agreement for the payment of a sum of Rs.200 million and guaranteed its payment as per schedule mentioned in the said agreement---Execution of such agreement was not denied by the candidates nor it could be as letter/certificate on the subject issued by the Punjab Cooperative Board for Liquidation itself stated that the case was settled as a plea bargain and the candidates stood guarantors in that agreement---Certificate issued by the Punjab Cooperative Board for Liquidation also showed that at present Rs.65.60 million were outstanding, for the repayment of which amount the candidates were guarantors---Nomination papers filed by the candidates mentioned no reference to the said plea bargain agreement nor about the pendency of any constitutional petition, although a solemn declaration was expected from the candidates as per provisions of S.12, Representation of the People Act, 1976 and even para.3 of the nomination papers, thus, a…
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