ANWAR ZAIB vs RETURNING OFFICER/THE CANTONMENT EXECUTIVE OFFICER CLIFTON CANTONMENT BOARD Ss — 2022 MLD 1951 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1951 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: ANWAR ZAIB vs RETURNING OFFICER/THE CANTONMENT EXECUTIVE OFFICER CLIFTON CANTONMENT BOARD Ss
Subject matter: Constitutional
Provisions referred to: S. 13---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ANWAR ZAIB VS RETURNING OFFICER/THE CANTONMENT EXECUTIVE OFFICER CLIFTON CANTONMENT BOARD Ss.65 & 92---Cantonments Local Government (Elections) Ordinance (LXXIX of 2002), S.13---Cantonment Board, election of members---Qualification---Wilful default---Adjudication of---Petitioners/candidates were classified as defaulters of dues/arrears against properties of their residence and were returned/rejected their nomination papers---District Court (appellate authority) dismissed the petitioners' appeal---Petitioners contended that they were tenants of the premises against which arrears were due; that they were unaware of the existence of such liability, but for good measure had proceeded to promptly discharge the same by way of abundant caution; that neither of them could be deemed to be a wilful defaulter and had not been adjudged to be so---Held, that admittedly the arrears were pointed out at the time of scrutiny of the nomination papers submitted by the petitioners, which were then settled by them the very next day---Quantum in either case is not a matter of significance---Matter of petitioners' liability/willful default had never been adjudicated by a judicial forum---Impugned Orders of the fora below did not even allude to any such adjudication having taken place---Constitutional Petition was allowed and Cantonment Board was directed to accept the nomination papers of the petitioners.

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