| Case ID |
08c4898b-546e-45fe-a461-22ad2645f507 |
| Body |
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| Case Number |
Civil Appeal No. 532 of 2015 |
| Decision Date |
May 25, 2016 |
| Hearing Date |
May 25, 2016 |
| Decision |
The Supreme Court dismissed the appeal, affirming the Election Tribunal's judgment that declared the appellant's election void due to failure to meet qualifications under Article 62(1)(f) of the Constitution and for submitting false declarations regarding assets. The Court found that the appellant intentionally concealed significant properties and income from his nomination papers, which constituted a corrupt practice under Section 78(3) of the Representation of the People Act, 1976. The Court emphasized the importance of full disclosure by candidates to ensure integrity in the electoral process. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed issues surrounding the integrity of electoral candidates under the Representation of the People Act, 1976. The appellant, Rai Hassan Nawaz, faced disqualification due to failure in disclosing substantial assets and liabilities in his nomination papers. The Court highlighted that non-disclosure of significant properties and income constitutes a corrupt practice, which undermines the integrity of the electoral process. The ruling underscored the importance of transparency and accountability for candidates, setting a precedent for future electoral disputes. The decision also reinforced the Election Tribunal's authority to scrutinize financial disclosures and the necessity for candidates to provide accurate and complete information. This case is pivotal in the context of electoral law and candidates' responsibilities, ensuring that public representatives are held to high standards of integrity. The ruling serves as a reminder of the legal obligations candidates have to disclose their financial status accurately, promoting fair elections and public trust in the democratic process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. AZMAT SAEED,
UMAR ATA BANDIAL
|
| Lawyers |
Mr. Uzair Karamat Bhandari, ASC,
Mr. M.A. Sheikh, AOR,
Sardar Muhammad Aslam, ASC,
Mr. Mughees Aslam Malik, ASC,
Ch. Akhtar Ali, AOR
|
| Petitioners |
RAI HASSAN NAWAZ
|
| Respondents |
OTHERS,
HAJI MUHAMMAD AYUB
|
| Citations |
2017 SLD 995,
2017 PLJ 162
|
| Other Citations |
Illahi Bux Soomro vs. Aijaz Hussain Jakhrani (2004 CLC 1060),
Umar Ayub Khan vs. Returning Officer, NA-19 (2003 MLD 222),
Ghazanfar Ali vs. Noor Muhammad (PLD 2011 Lahore 11),
Muhammad Yousaf Kaselia vs. Peer Ghulam (PLD 2016 SC 689),
Muhammad Ahmad Chatta vs. Iftikhar Ahmad Cheema (2016 SCMR 763),
Shamuna Badshah Qaisarani vs. Muhammad Dawood (2016 SCMR 1420),
Umar Aslam vs. Sumera Malik (PLD 2007 SC 362),
Zia-ur-Rehman vs. Ahmed Hussain (2014 SCMR 1015),
Hina Manzoor vs. Ibrar Ahmed (PLD 2015 SC 396)
|
| Laws Involved |
Representation of the People Act, 1976
|
| Sections |
12(2),
67(3),
55(3),
63,
76-A,
78(3)
|