Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 12(2)(c) & 14---Contract Act (IX of 1872), S.128---Election of Provincial Assembly---Filing of nomination papers---Non-disclosure in nomination papers by candidate passing of money decree against him as guarantor and principal debtor and pendency of execution proceedings against them---Effect---Liability of guarantor/surety would be co-extensive with that of principal debtor, unless same was otherwise provided by contract---Guarantor and principal debtor would be jointly and severally liable to pay outstanding amount to creditor---Guarantor could not shirk from liabilities incurred by him---Candidate having not complied with requirements of S.12(2) of Representation of the People Act, 1976, his nomination papers were rightly rejected. (b) Contract Act (IX of 1872)-------S. 128---Surety's liability---Scope. The liability of guarantor/surety is coextensive with that of the principal debtor, unless it is otherwise provided by the contract as envisaged in section 128 of the Contract Act, 1872. They are jointly and severally liable to pay the outstanding amount to the creditor. A guarantor cannot shirk from the liabilities incurred by him. Muhammad Munir Peracha, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Nemo for Respondents. ORDER ABDUL HAMEED DOGAR, C.J.---This petition is directed against order dated 13-12-2007 passed by learned Lahore High Court, Lahore whereby Writ Petition No.11932 of 2007 filed by petitioner was dismissed and order of the learned Tribunal dated 7-12-2007 was maintained. 2. Briefly stated facts giving rise to the filing of instant petition are that petitioner filed nomination papers before respondent No.2, the Returning Officer for Provincial Assembly of Punjab PP-71 which were rejected on 3-12-2007. Feeling aggrieved, he filed an appeal under section 14(5) of the Representation of People Act, 1976 before Election Tribunal, Punjab which was also dismissed vide order dated 7-12-2007. Feeling still not satisfied he filed Writ Petition No.11932 of 2007 before learned Lahore High Court, Lahore which too was dismissed vide impugned order. 3.…

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