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Sardar Muhammad AwaIs Nakai vs Rana Sikandar Hayat Ss — 2024 MLD 1257 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 1257 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Sardar Muhammad AwaIs Nakai vs Rana Sikandar Hayat Ss

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

Sardar Muhammad AwaIs Nakai VS Rana Sikandar Hayat Ss. 62 & 231---Election for seat of Provincial Assembly---Nomination papers, acceptance of---Bank defaulter, allegation of---Candidate for general electionsfiled appeal before the Election Appellate Tribunal against the acceptance of the nomination papers submitted by respondent (opposing /contesting candidate )--- Objection ofthe appellant was that the respondent deliberately ,with mala fide intention , withheld the required information by disclosing only one lac as bank loan whereas he was defaulter of Rs. 9.90 million --- Validity --- Record revealed that in the form submitted by respondent in the column of LIABILITIES, "Rs. 1 Million loan was mentioned--- In the impugned order passed by the Returning Officer it was observed that the candidate was not declared as defaulter by any institution and that the deficiencies pointed out by the objector were not substantial in nature---Stance of the respondent was that his wife was independent and an affidavit to said extent was produced before the Returning Officer who, of course, had to satisfy himself through an affidavit--- As per a certificate issued by the concerned bank, about half of the loan (Rs. 9.90 million) was already paid as 1st installment, whereas 2nd installment and the remaining amount would be paid/adjusted on two promised dates of near future---After settlement of the loan, respondent would not be considered as a defaulter ---Appeal filed by the candidate against acceptance of nomination papers of opposing / contesting candidate, was dismissed, in circumstances.

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