Civil Appeal No.188 of 2019
.
20
disclose it involving a violation of sections 12 and 13 of the
Representation of Peoples Act calls for the rejection of
nomination papers or at its worst, removal of the petitioner
from the public office and not his disqualification in terms of
section 99(1)(f) of the ROPA and Article 62(1)(f) of the
Constitution is devoid of force when the petitioner
deliberately concealed his assets and wilfully and
dishonestly made a false declaration on solemn affirmation
in his nomination papers. It is not something to be looked at
with a casual eye and outlook. It is not only a legal duty but
a qualifying test for the candidates who in the later days
preside over the destiny of the people. This duty has to be
performed without a taint of misrepresentation. This test has
to be qualified without resorting to unfair means. Any
concession at this stage or any leniency to the candidates or
the person elected would be a prelude to a catastrophe in
politics, which has already had enough of it. Since it is
already touching the extreme, extreme measures have to be
taken. The culture of passing the candidates by granting
grace marks has not delivered the goods. It has rather
corrupted the people and corrupted the system. This aspect
of the case has been beautifully highlighted in the case of
Rai Hassan Nawaz v. Haji Muhammad Ayub and others
(PLD 2017 SC 170) by holding as under:
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, they 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).”
24.
In the case of Imran Ahmed Khan Niazi v.
Muhammad Nawaz Sharif (PLD 2017 SC 692), this Court
held as follows:
“2.
It is hereby declared that having failed to disclose his
un-withdrawn receivables constituting assets from Capital
FZE Jebel Ali, UAE in his nomination papers filed for the
General Elections held in 2013 in terms of section 12(2)(f) of
the Representation of the People Act, 1976 (ROPA), and
having furnished a false declaration under solemn
affirmation respondent No 1 Mian Muhammad Nawaz Sharif
is not honest in terms of section 99(f) of ROPA and Article
62(1)(f) of the Constitution of the Islamic Republic of
Pakistan, 1973 and therefore he is disqualified to be a
Member of the Majlis-e-Shoora (Parliament).”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents