2547/2015 Const. P. Khalid Ahmed (Petitioner) V/S Deen Muhammad & others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 29-DEC-15
Sindh Local Government Act (XLII of 2013)--- ----Ss. 23 & 36---Sindh Local Councils (Election) Rules, 2013, R.18---Election for the seat of local council---Non-disclosure of complete assets at the time of submitting nomination papers---Effect---Rejection of nomination papers---Scope---Proper and Seconder were required to be from the constituency of candidate Nomination papers of the candidate were rejected on the ground that he had not disclosed his complete assets at the time of submitting the same---Appeal filed by the candidate was accepted and it was held that a person could not be disqualified for not disclosing the assets---Contention of rival candidate was that false statement had been given disclosing incomplete assets---Validity---Provisions of Sindh Local Government Act, 2013 and Sindh Local Councils (Election) Rules, 2013 did not provide any necessity or mandatory requirement to submit the details of assets at the time of submitting nomination papers---Successful candidate had to submit the details of assets within a period of 30 days when he took oath of an office---Candidate could not be disqualified on summary assumption for such details of assets---No one should be penalized for not disclosing the assets when law did not require him to disclose the same---No reason was available with the Returning Officer to reject the nomination form on account of not disclosing the assets---Statement made by the candidate did not fulfill the requirements for considering it to be an affidavit on oath---Even such information could not be considered to be a false affidavit---Nothing had been gained by the candidate by not showing assets at the time of filing nomination papers---Such information could not be considered to be a mala fide---Candidate's proposer and seconder were required to be from the same ward or constituency from where a candidate was contesting the election---Constitutional petition was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.