Civil Appeal No.188 of 2019
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18
rights, title and interest in the property and enjoyed full
freedom to exercise proprietary rights thereon without any let
or hindrance.
21.
In the afore-noted context, reference may usefully
be made to Hassan Nawaz v. Muhammad Ayub (PLD 2017
SC 70), where it was held as follows:
“7.
An honest and truthful declaration of assets and
liabilities by a returned candidate in his nomination papers
furnishes a benchmark for reviewing his integrity and probity
in the discharge of his duties and functions as an elected
legislator. His statement of assets and liabilities along with
other financial disclosures contemplated by Section 12(2) of
the ROPA provide the Election Commission of Pakistan and
the general public with a picture of both his wealth and
income. Such disclosures are crucial for demonstrating the
legitimacy and bona fides of the accrual and the
accumulation of economic resources by such a candidate. In
other words, the said disclosures show the returns received
from his economic- activities and can indicate if these
activities may be tainted with illegality, corruption or misuse
of office and authority. This important aspect of the financial
disclosures by a contesting candidate has been noticed by
this Court in Muhammad Yousaf Kaselia v. Peer Ghulam
(PLD 2016 SC 689).
8.
We, therefore, observe that any plausible explanation
that exonerates, inter alia, mis-declaration of assets
and liabilities by a contesting candidate should be
confined to unintended and minor errors that do not
confer any tangible benefit or advantage upon an
elected or contesting candidate. This view finds
support from the statutory aim and purpose of
requiring all contesting candidates to file their
statements and declarations as envisaged in Section
12(2) of the ROPA. Clearly there is a public interest
object behind the statutory prescription for obtaining
the said statements and declaration. It is to ensure
integrity and probity of contesting candidates and
therefore all legislators.
The above purpose and object comes across clearly in
Muhammad Yousaf Kaselia v. Peer Ghulam (PLD 2016
SC 689):
“……………………………………………………………
…………………………………………………………….. nondisclosure of any liability is to be met with penal
action in the same manner as non-disclosure of any
asset. It is for that reason that in a number of recent
judgments, this Court has treated inaccurate
disclosure of proprietary and financial resources to be
fatal to the election of a returned candidate. In
Muhammad Ahmad Chatta. v. Iftikhar Ahmad
Cheema (2016 SCMR 763), the failure by a returned
candidate to disclose a presumed inactive bank
account and in Shamuna Badshah Qaisarani v.
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