| Case ID |
038628ae-61b6-43fe-9c31-98b09bc33611 |
| Body |
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| Case Number |
Election Petition No.2 of 1997 |
| Decision Date |
Apr 24, 1997 |
| Hearing Date |
Apr 24, 1997 |
| Decision |
The petition under section 76-A of the Representation of the People Act, 1976 was filed by Mr. Mazhar Ahmad Qureshi challenging the election of Muhammad Ilyas to the Punjab Provincial Assembly from Constituency PP-23 Sargodha. The court found that the loan obtained by the respondent's wife prior to their marriage in 1977 was not relevant under section 12 of the Representation of the People Act, as it was obtained before the cutoff date of 31-12-1985. Consequently, the court dismissed the election petition, ruling that the respondent was not obligated to disclose this loan in his nomination form. The parties were left to bear their own costs. |
| Summary |
In the case of Election Petition No.2 of 1997, the Lahore High Court addressed the appeal filed by Mazhar Ahmad Qureshi against Muhammad Ilyas Qureshi regarding his election to the Punjab Provincial Assembly. The focal point of the case revolved around the Representation of the People Act, 1976, specifically concerning the disqualification criteria due to loan defaults. The court clarified that loans obtained prior to 31-12-1985 are irrelevant under section 12 of the Act, thus ruling that Muhammad Ilyas's wife’s earlier loan did not necessitate disclosure in the election nomination form. This case highlights the importance of understanding legal definitions and timelines in electoral disqualification matters, emphasizing that proper legal counsel is essential for navigating the intricacies of election law. Ultimately, the court dismissed the petition, reinforcing the standards set forth in the Representation of the People Act, 1976. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Muhammad Afzal for Petitioner,
Muhammad Ashraf Khan for Respondent
|
| Petitioners |
Mazhar Ahmad Qureshi
|
| Respondents |
Muhammad Ilyas Qureshi
|
| Citations |
1997 SLD 843,
1997 CLC 1689
|
| Other Citations |
Not available
|
| Laws Involved |
Representation of the People Act, 1976
|
| Sections |
12,
76-A
|