| Case ID |
376cce00-d81e-4442-990c-82f510fae3a8 |
| Body |
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| Case Number |
Civil Appeal No. 321-L of 2014 |
| Decision Date |
May 16, 2016 |
| Hearing Date |
May 16, 2016 |
| Decision |
The Supreme Court dismissed the appeal filed by the appellant, affirming the Election Tribunal's decision that declared the appellant's election void due to non-disclosure of a significant financial liability in his nomination form. The court emphasized the importance of disclosing both assets and liabilities in the nomination process, highlighting that the failure to disclose a financial obligation of 70 million rupees constituted grounds for disqualification. The court also ruled that the minor excess in campaign expenses did not warrant the voiding of the election. Therefore, the appellant was rightly non-seated by the Election Tribunal. |
| Summary |
In the Supreme Court case concerning Civil Appeal No. 321-L of 2014, the court evaluated the eligibility of a candidate based on his nomination form disclosures under the Representation of the People Act (LXXXV of 1976). The appellant failed to disclose a substantial liability of 70 million rupees, secured by a mortgage, which led to the Election Tribunal declaring his election void. The court reinforced the principle that candidates must transparently disclose their financial liabilities, as non-disclosure can lead to significant electoral consequences. The ruling also clarified that minor campaign expense violations are insufficient grounds for disqualification. This case underscores the importance of integrity in the electoral process and the legal obligations candidates have to disclose their financial standings accurately. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI, CHIEF JUSTICE,
SH. AZMAT SAEED,
FAISAL ARAB, JUSTICE
|
| Lawyers |
Muhammad Shahzad Shaukat, Advocate Supreme Court,
Barrister Jehanzeb Raheem, Advocate Supreme Court,
Syed Najmul Hassan Kazmi, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
CH. MUHAMMAD YOUSAF KASELIA
|
| Respondents |
others,
PEER GHULAM MOHY-UDDIN CHISHTI
|
| Citations |
2016 SLD 2359,
2016 PLD 689
|
| Other Citations |
Not available
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
12(2)(c),
12(2)(f),
50
|