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Civil Appeal No.188 of 2019 . 8 Respondent No.1 that there was failure on his part to disclose certain assets, the only question requiring determination by us is whether such disclosure was required under the law. If so whether the explanation offered by Respondent No.1 is legally acceptable so as to provide a defence against the rigours of disqualification under the Election Act, 2017 and more importantly Article 62(1)(f) of the Constitution. 7. Perusal of the record indicates that the affidavit filed by Respondent No.1 alongwith his nomination papers admittedly does not disclose all assets owned by him. Form “A” is the nomination paper whereas form “B” is the statement of assets and liabilities, which are available on the record. We also notice that the nomination papers are accompanied by a declaration which is required to be sworn under oath and was indeed sworn as such by Respondent No.1, pursuant to a judgment of this Court in the case reported as Speaker, National Assembly of Pakistan v. Habib Akram (PLD 2018 SC 678). The candidates were required by this Court to submit affidavits disclosing all assets. In paragraph 8 of the said judgment it was clarified that failure to file such affidavit before the Returning Officer would render the nomination papers incomplete and liable to rejection. In addition, if the affidavit or any part thereof was found false then it shall have consequences as contemplated by the Constitution and the law. The judgment also provided that since the affidavit was required to be filed in pursuance of the orders of this Court, if any false statement was made therein,

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Khuhro v. Khan

Judgment

Question Presented: Whether misstatements on the candidate’s election papers are sufficient to declare an election void.

Alleged Acts: The appellant contests the election results on the grounds that the prevailing candidate made false declaration on the candidacy documents. The appellant sought a declaration that the election results were void and that the election be reordered. The appellant argues that the candidate made false declarations my misstating assets of himself and his dependents. However, the respondent states that the representation made on the candidacy documents are from misunderstanding on property documents and the difference of 140 reported acres of land stems from the candidate solely reporting the property in his direct control and ownership. The candidate further stated that there was no ill intent behind the omission because there would be no measurable advantage in the land acreage difference.

Summary: Declaring an election void requires an invalid candidacy, illegal, or corruption actions. The evidentiary burden requires that a false statement be intentional under the circumstances. The court found and the respondent admitted that he did not declare his entire land holdings, as asserted by the appellant. Section 137(4) permits candidates may face legal liability with 120 days from the date of submission if he commits and offense or corrupt practice. The respondent made no effort to fix the mistakes in the asset report. Further, the court determined that the respondent was aware of the land transfer back into his name as early as 2014.

Conclusion: The court determined that the respondent concealed his assets and did so not by mistake or clerical error. Therefore, the election of the respondent was annulled and the Election Commission order to hold a new election for the position in the Provincial Assembly.

Legal Issue(s)

Candidate Registration
Electoral Integrity

Applicable Law(s): Pakistan Constitution Article 62(1)(f)

Region: Asia-Pacific

Country: Pakistan

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Aug 1, 2019

Geolocation

Latitude: 33.84616314

Longitude: 73.04529661

: Geolocation

Primary Documents

Khuhro v. Khan.pdf
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Election Judgments - IFES

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Khuhro v. Khan

Primary Documents

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