| Case ID |
e02e3d8a-2baf-4cbe-bd9a-2f3371f0553d |
| Body |
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| Case Number |
Civil Appeal No. 185 of 2015 |
| Decision Date |
May 10, 2016 |
| Hearing Date |
May 10, 2016 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the appellant, Ch. Hamid Hameed, and set aside the Election Tribunal's judgment that declared his election void on the grounds of asset concealment. The Court found that the appellant had only made an investment in a project concerning the Koh-e-Noor Textile Cotton Mills and was not the owner of the mills. The Court emphasized that the allegations of concealment of ownership did not hold, as the appellant's involvement was limited to a partnership agreement for a project that had concluded with the sale of plots. The Court concluded that the Election Tribunal's ruling was not sustainable in law, as the appellant had not concealed any ownership in his nomination form, leading to the decision to allow the appeal. |
| Summary |
The case revolves around the election petition filed against Ch. Hamid Hameed, who was declared the returned candidate from NA-66-III City Sargodha during the 2013 General Elections. The petition alleged that he concealed his ownership in Koh-e-Noor Textile Cotton Mills in his nomination form. The Election Tribunal initially agreed, declaring his election void. However, upon appeal, the Supreme Court found that the appellant had not concealed any ownership, as he was merely an investor in a project to develop plots from the mill's land. The Court clarified that the appellant's investment did not equate to ownership, and thus the grounds for declaring his election void were invalid. This decision highlights the importance of correctly interpreting asset disclosures by candidates and clarifies the distinction between ownership and investment in electoral contexts. Keywords: election petition, asset concealment, investment in projects, Supreme Court of Pakistan, Koh-e-Noor Textile Cotton Mills, legal representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI, C.J.,
SH. AZMAT SAEED,
FAISAL ARAB, JJ
|
| Lawyers |
Tariq Mehmood,
Syed Najam-ul-Hassan Kazmi,
Dr. Babar Awan,
Muhammad Hanif Khatana,
Syed Rifaqat Shah,
Farooq Awan,
Barrister Adil Kahloon
|
| Petitioners |
CH. HAMID HAMEED
|
| Respondents |
BARRISTER ABDULLAH MUMTAZ KAHLOON AND OTHERS
|
| Citations |
2016 SLD 2420,
2016 SCMR 1551
|
| Other Citations |
Not available
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
12(2)(f)
|