| Case ID |
20c6ebd1-6ec9-4942-8718-fd32dabf8dd8 |
| Body |
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| Case Number |
W.P. No. 8379 of 2015 |
| Decision Date |
Nov 24, 2015 |
| Hearing Date |
Nov 24, 2015 |
| Decision |
The petition was dismissed as the court found that the respondent did not suffer from any disqualification under the Punjab Local Government Act, 2013 or concealment of assets or liabilities. The court ruled that the objections raised by the petitioner regarding the respondent's nomination paper were unfounded. The court clarified the distinction between concealment and incomplete disclosure of assets, emphasizing that while concealment carries penal consequences, incomplete disclosure is merely an irregularity. The decision also noted that if the respondent is declared the returned candidate and the petitioner remains aggrieved, he may seek remedy before the Election Tribunal. |
| Summary |
In the case of W.P. No. 8379 of 2015, the Lahore High Court addressed a constitutional petition challenging the acceptance of a nomination paper for a local government election. The petitioner contended that the respondent concealed significant assets and liabilities, which should disqualify him from contesting. The court examined the relevant laws, specifically Section 27(2)(f) of the Punjab Local Government Act, 2013, and Article 199 of the Constitution of Pakistan. The court found that the respondent had disclosed sufficient information about his properties and business interests, including land owned by his wife and his business as a contractor. The judges emphasized the importance of proper disclosure in electoral processes while dismissing claims of concealment. This case highlights the legal standards for candidacy in local elections and the judicial interpretation of asset disclosure requirements, making it relevant for future electoral disputes. The ruling reinforces the necessity for candidates to be transparent about their financial standing while also providing a clear framework for evaluating claims of disqualification based on asset concealment. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Zafarullah Khan Khakwani
|
| Lawyers |
Muhammad Nasir Joyia,
Ch. Abdul Jabbar,
Zargham Ullah
|
| Petitioners |
Muhammad Ali
|
| Respondents |
Muhammad Afzal,
Appellate Authority, District Rahim Yar Khan
|
| Citations |
2016 SLD 2041,
2016 PLJ 275
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Act, 2013,
Constitution of Pakistan, 1973
|
| Sections |
27(2)(7),
199
|