Civil Appeal No.188 of 2019
23
.
28.
On the basis of material available on record, we
are satisfied that :
28.
(i)
Respondent No.1 concealed his own assets as
well as those of his dependent minor children in
his nomination papers;
(ii)
He filed a false affidavit, which in itself entails
serious legal consequences. A detailed inquiry or
investigation is not required in the matter in
view of admission of non disclosure by
Respondent No.1. It is trite that admitted facts
need not be proved;
(iii)
We are also satisfied that there was no bona fide
mistake, mathematical error or clerical mistake
in preparing and filing the nomination papers
and the affidavit filed in compliance of the order
of this Court in Speaker, National Assembly of
Pakistan’s case ibid; and
(iv)
The explanation offered for the admitted
concealment/misdeclaration neither appeals to
reason nor logic. We have unfortunately been
unable to persuade ourselves to accept it.
After considering the arguments advanced by
learned counsel for the parties, having carefully examined the
record and the case law cited at the bar, we find that the
judgment of the Election Tribunal dated 15.01.2019 is
unsustainable and runs contrary to the ratio decidendi of the
law enunciated by this Court in the judgments cited above.
Therefore, for reasons recorded above, this Appeal is allowed
and the impugned judgment dated 15.01.2019 passed by the
Election Tribunal of the High Court of Sindh, Bench at
Sukkur is set aside. In consequence, the Election Petition bearing
No.S-01 of 2018 filed by the Appellant is accepted. It is declared
that nomination of Respondent No.1 (Moazzam Ali Khan) was
invalid. As a result, his declaration as a Member of the Provincial
Assembly of Sindh issued vide notification dated 07.08.2018
is annulled. He shall immediately cease to be a member of
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