Case Details

Citation(s)
2010 SLG 2396 2010 SLD 2396 2010 CLC 1615
Sindh High Court

GHULAM SARWAR KORAI, ABDUL HADI KHOSO AND SYED ZAKIR HUSSAIN, JJ
Irfan Ahmed Qureshi for Appellant. S. Mahmood Alam Rizvi for
Respondent. Abdul Shakoor, State Counsel

SHAHID KHAN NIZAMANI

VS

RETURNING OFFICER and another

Law:

Section:

(a) Representative of the People Act (LXXXV of 1976)--- ----Ss.12 & 14---Election of National Assembly---Nomination papers, filing of---Eligibility of respondent to' contest election---Objection against respondent being Director of a Mills was that he was defaulter as huge amount was due from his Mills to Market Committee; and that Bank loan obtained by his family was still outstanding---Plea of respondent that suit regarding such dues between his Mills and Market Committee was pending in Civil Court; and that Bank loan was being paid according to its schedule---Validity---Respondent was not personally responsible for such, dues of Market Committee, which was subjudice in civil suit---Obtaining loan from Bank under a schedule would not restrict any person from contesting election till commission of default in payment of agreed instalments---Due date of repayment of Bank loan fell in the year 2014 and respondent had not defaulted thereto---Such objections were rejected in circumstances. (b) Representative of the People Act (LXXXV of 1976)--- ----Ss. 14 & 52---Provisions of Ss. 14 & 52 of Representative of the People Act, 1976---Scope---Scope of S.14 of the Act, being limited could not be equated with S.52 thereof, where parties would be required to lead evidence to establish their claims. ORDER SYED ZAKIR HUSSAIN, J.---Through this appeal, the appellant has disputed acceptance of the nomination form of the respondent No.2 by the respondent No.1 against the vacant seat of the Constituency NA-235 Sanghar-II, by the respondent No.1, in rejection of the objections orally raised by the appellant before the respondent No.1, on the day of scrutiny to the effect that respondent No.2 being Director of Sanghar Sugar Mill, against which, an amount of Rs.2,06,03,540.68 being dues of the Market Committed of the District Sanghar, is outstanding for the years together, is a defaulter thereagainst; in the declaration of liabilities, he did not disclose the said dues as his liability; and similarly, he maintained silence as to the Bank loan obtained by his family, against which, an amount of Rs.59,20,741 is outstanding and therefore, he is not eligible to contest the…
πŸ”’
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492