Civil Appeal No.188 of 2019
16
.
11.
The argument that the omission to disclose
assets could possibly be unintentional in the
circumstances of the case would have been tenable
had the petitioner been a novice or a new entrant in
business and politics. But where he has been neck
deep in business and politics ever since early 80’s it is
unbelievable that he did not understand the simple
principle of accounting that his accrued and
accumulated salary of six and a half years was his
asset and liability of the company he was an
employee of. Even otherwise, this argument cannot be
given much weight when it has not been pleaded by
the petitioner that the omission to mention the asset
was accidental, inadvertent or unintentional. ….”
19.
It may also be noted that in the case of Malik
Shakeel Awan (ibid), the entire holding of the Respondent in
the said case had been disclosed in the form of revenue
records and other related documents and this Court came to
the conclusion that a simple mathematical exercise revealed
that as per the details provided by the Respondent in his
nomination papers at page 79 he owned 1081 kanals and 17
marlas of land and in the grand total it had been incorrectly
mentioned as 983 kanals 17 marlas. This error appeared to
have
crept
into
the
printed
nomination
papers.
The
miscalculation between the area of agricultural land owned by
the Respondent scribed in the printed form and as mentioned
item wise in the details of the nomination papers was self
evident. Further, the Respondent in the said case perhaps
declared a little more land than as alleged by the Appellant
thus he could hardly be accused of concealing any asset
especially so as a portion of the land appeared to be
undivided share in various Khasra numbers. It was in the
peculiar circumstances of the said case that the explanation
offered by the Respondent was found to be reasonable and
logical. Consequently, the conclusion drawn by the Election
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