IMRAN SAEED MALIK vs APPELLATE AUTHORITY/CANTT — 2022 CLC 312 LAHORE-HIGH-COURT-LAHORE

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IMRAN SAEED MALIK VS APPELLATE AUTHORITY/CANTT. EXECUTIVE OFFICER S.60(1)(i)---Cantonment Local Government (Election) Rules, 2015, R.17(5) & Form-IV---Nomination papers---Declaration of assets---Object, purpose and scope---Probe and inquiry---Petitioner was a candidate for election of Cantonment Board---Nomination papers of petitioner were rejected by Appellate Authority on the ground that he concealed one partnership deed in his assets declaration form---Validity---Requirement to file declaration of assets was to ensure that no dishonest person should be allowed to hold affairs of public of the given 'ward' or the area of cantonment---Object was to create a primary filter to ensure that no dishonest person or a person having such history or person likely to misuse his power for obtaining any personal or any undue benefit (based on dependable evidence) should be elected---No intention behind legislation to disqualify a person from exercising his right to contest election or to be elected on the basis of mere technicalities or an innocent mistake or omission to declare a property acquired through lawful means---Appellate Authority rejected nomination papers without proper probe and inquiry as well as without disclosing asset and income which had been concealed dishonestly---High Court set aside the order passed by Appellate Authority and restored that of Returning Officer accepting nomination papers as petitioner had no bad intent behind not mentioning of name of partnership in question in Form IV of nomination paper---Nothing was on record showing any benefit derived by petitioner from alleged mis-declaration---Constitutional petition was allowed accordingly.

IMRAN SAEED MALIK vs APPELLATE AUTHORITY/CANTT — 2022 CLC 312 LAHORE-HIGH-COURT-LAHORE

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