Civil Appeal No.188 of 2019 . 25. 21 In the case of Muhammad Ahmad Chatta v. Iftikhar Ahmad Cheema (2016 SCMR 763), the question of mens rea or absence thereof was examined by this Court and it was authoritatively held as follows: “a) Representation of the People Act (LXXXV of 1976. ---- Ss. 12(2)(f) & 76A---Nomination papers, rejection of---Nondisclosure of Bank account and properties belonging to spouse---When the case record established that returned candidate neither submitted statement regarding assets of his spouse nor disclosed one of his Bank accounts at the time of filing nomination papers, the Election Tribunal should not have dismissed the election petition on the grounds that mens rea was not proved and that Government exchequer had not suffered any loss on account of such non-disclosure. Supreme Court declared election of returned candidate as void.” 26. The cases decided by this Court which had somewhat similar facts obligate a person to truthfully and faithfully disclose all his moveable and immovable assets and those owned by his spouse(s) and dependent(s). In this regard, reference may be made to Shamuna Badshah Qaisarani v. Muhammad Dawood (2016 SCMR 1420), wherein it was held as follows: “In the bye-election that was held for the Punjab Assembly constituency PP-240 D.G. Khan-I, the appellant was declared returned candidate. Her election was challenged by losing candidate i.e. respondent No. 1 through an election petition filed in the Election Tribunal, Bahawalpur and D.G. Khan Divisions under section 52 of the Representation of the People Act, 1976. Corrupt and illegal practices were alleged. During pendency of the election petition, the respondent No. 1 moved an application under section 76A of the Representation of the People Act, 1976. This provision of law entrusts the Election Tribunal with additional power to declare an election of the returned candidate void if any material from any source or information is laid before it that the returned candidate had inter alia submitted a false or incorrect statement of assets and liabilities of his own or his spouse or his dependents. Before the Tribunal though the allegations of corrupt practices could not be established however while hearing the application filed under Section 76A of the Representation of the People Act, 1976 it transpired that the respondent No.1 in her nomination form failed to disclose properties such as (i) land measuring 448 kanals 4 marlas situated in Mouza Bairoot Mandhawani, Tribal District Khazi Khan (owned by husband of the appellant) and (ii) land measuring 263 kanals 14 marlas situated in Mora Bait Wasava Khan Wala Tehsil and District Layyah and (iii) land measuring 13 kanals 16 marlas situated in Bait Wasava Kalroo Tehsil and District Layyah, and (iv) land measuring 77 acres situated in Mouza Khanwala, Wasavawala, Layyah (owned by the appellant) were not disclosed in the nomination papers. Consequently, the election of the appellant was declared void and fresh elections