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Official Citation: 2024 MLD 1257
Court / Jurisdiction: Lahore High Court
Year of Decision: 2023
Decision Date: 2023-04-14
Parties: Sardar Muhammad Awais Nakai vs Rana Sikandar Hayat and another
Ruling Summary: This decision was rendered by the Lahore High Court on 2023-04-14, officially reported as 2024 MLD 1257. In this matter between Sardar Muhammad Awais Nakai and Rana Sikandar Hayat and another, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024 MLD 1257
Court Name: Lahore High Court Judge(s): Ali Baqar Najafi Title: Sardar Muhammad Awais Nakai vs Rana Sikandar Hayat and another Case No.: Election Appeal No. 24488 of 2023 Date of Judgment:2023-04-14 Reported As: 2024 MLD 1257 Result: Appeal dismissed
Judgment
ORDER ALI BAQAR NAJAFI, J. This appeal under Section 63 read with Section 231 of Elections Act, 2017 is directed against the order dated 22.03.2023 whereby the nomination papers submitted by respondent No.1 were accepted. 2. Briefly, the facts giving rise to filing of this appeal are that the appellant is the registered voter of PP-181 (Kasur-VIII) and is also the candidate for the seat of Member Provincial Assembly from the same Constituency. The respondent No.1 submitted nomination papers for the General Elections of the Provincial Assembly from the same constituency wherein he deliberately withheld the required information with a mala fide intention and, therefore, he raised the objection which were rejected, hence this appeal. 3. Learned counsel for the appellant contends that respondent No.1 disclosed in Form-B only One Lac as bank loan whereas he was defaulter of Rs. 9.90 Million of HBL Phool Nagar, Branch and in clause "D" of the affidavit he did not furnish the correct information. Conversely, learned counsel for respondent No.1 submits that the amount due was settled and, therefore, it could not be termed as default. While referring to the tax return, it is pointed out that Rs. 9,884,546/- was the receivable loan from HBL of Account No. 7902507803 and placed reliance upon Umar Khan v. Returning Officer NA-19, N.W.F.P., District Haripur/Additional District and Sessions Judge, Haripur and another (2003 MLD 222). 5. Arguments heard. File perused. 6. In the form submitted by respondent No.1 in the column of LIABILITIES, "Rs. 1 Million" loan was mentioned. In the impugned order dated 22.03.2023 it was observed that the candidate was not
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declared as defaulter by any institution and that the deficiencies pointed out by the objector was not substantial in nature. The stand of respondent No.1 is that his wife is independent and an affidavit to this extent was produced before respondent No.2 who, of course, has to satisfy himself through an affidavit. As per certificate dated 13.03.2023 issued by HBL, Rs. 9.90 Million against Pass Book from HBL Phool Nagar Branch, 1st installment of Rs. 4.50 Million was paid on 13.03.2023, 2nd installment of Rs. 4.50 Million will be paid on 15.05.2023 and the remaining amount will be adjusted on 15.07.2023. After settlement of the loan, respondent No.1 would not be considered as a defaulter. 7. In this view of the matter, this appeal is meritless and is, therefore, dismissed.