| Case ID |
37573680-f994-4345-81d0-f5355034b8f3 |
| Body |
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| Case Number |
Civil Appeal No. 1020 of 2014 |
| Decision Date |
Jan 25, 2016 |
| Hearing Date |
Jan 25, 2016 |
| Decision |
The Supreme Court declared the election of the returned candidate as void due to non-disclosure of significant assets and accounts during the nomination process. The court emphasized that the Election Tribunal's dismissal of the petition based on the absence of mens rea and lack of loss to the government was against the spirit of the law. The court highlighted that non-disclosure of the spouse's assets and significant bank account balances constituted a breach of the Representation of the People Act, 1976, necessitating the annulment of the election results. |
| Summary |
In the landmark case of Muhammad Ahmad Chatta vs. Iftikhar Ahmad Cheema, the Supreme Court of Pakistan addressed significant issues regarding the non-disclosure of assets by election candidates, specifically under the Representation of the People Act, 1976. The case revolved around the failure of the respondent, Iftikhar Ahmad Cheema, to declare substantial financial assets and properties owned by himself and his spouse during the election nomination process. The court found that such omissions not only violated legal requirements but undermined the electoral process's integrity. The judgment reinforces the necessity for transparency and accountability in political candidacy, aligning with constitutional mandates and Islamic principles regarding inheritance and asset declaration. This decision is pivotal for future electoral processes, setting a precedent for strict adherence to disclosure requirements to uphold democratic values. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER, JAMALI, C.J.,
SH. AZMAT SAEED,
KHILJI ARIF HUSSAIN, JJ
|
| Lawyers |
Syed Hamid Ali Shah, Advocate Supreme Court for Appellant.,
Mubeen-ud-Din Qazi, Advocate Supreme Court with Tariq Aziz, Advocate-on-Record for Respondent No. 1.
|
| Petitioners |
MUHAMMAD AHMAD CHATTA
|
| Respondents |
IFTIKHAR AHMAD CHEEMA and others
|
| Citations |
2016 SLD 373,
2016 SCMR 763
|
| Other Citations |
Malik Muhammad Sameen Khan v. Returning Officer 2012 CLC 820,
Hassan Nawaz v. Election Commission of Pakistan 2013 CLC 1101,
Khaleefa Muhammad Munawar Butt v. Hafiz Muhammad Jamil Nasir 2008 SCMR 504,
Muhammad Jamil v. Munawar Khan PLD 2006 SC 24,
Iqbal Ahmad Langrial v. Jamshed Alam PLD 2013 SC 179,
Workers' Party Pakistan v. Federation of Pakistan PLD 2013 SC 406,
Najeeb-ud-Din Owasi v. Amir Yar Waran PLD 2013 SC 482,
Khalid Pervaiz Gill v. Saifullah Gill 2013 SCMR 1310,
Muhammad Rizwan Gill v. Nadia Aziz PLD 2010 SC 828
|
| Laws Involved |
Representation of the People Act, 1976
|
| Sections |
12(2)(f),
76A
|