Civil Appeal No.188 of 2019
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19
Muhammad Dawood (2016 SCMR 1420) the omission
by a lady returned candidate to disclose her
agricultural land claimed to be transferred to her
brothers without evidence of the mutation were held to
annul their elections.”
22.
Likewise in the case of Sher Baz Khan Gaadhi v.
Muhammad Ramzan (2018 SCMR 1952), it was held by this
Court as follows:
“Constitution of Pakistan---Art. 63(1)(c)---Representation of the People Act (LXXXV of
1976), S. 12(2)(a)---Candidate contesting General Elections—
Nomination
papers,
rejection
of—Dual
citizenship—
Submitting false affidavit with respect to dual citizenship—
Record indicated that the respondent-candidate submitted
his nomination papers on 10.6.2018 and filed the relevant
affidavit in such regard on 11.6.2018. Two days later, he
renounced his foreign citizenship on 13.6.2018. On the day
the respondent filed his nominated papers he had not
renounced his foreign citizenship and was a foreign citizen.
Even, if it was assumed that the application of renunciation
of foreign citizenship had been filed earlier, no disclosure of
the same had been made by the respondent in the relevant
column of the affidavit. Respondent had filed a false affidavit
and made a false declaration on oath, therefore, he was
disqualified from contesting elections. Appeal was allowed
accordingly.
Constitution of PakistanArt. 62(1)(f)—Representation of the People Act (LXXXV of
1976). S. 12(2)(a)---Candidate contesting General Elections —
Nomination papers, rejection of — Failure to disclose
expenses incurred on foreign travel — Affidavit that had to
be submitted along with nomination papers required a
candidate to disclose his foreign travels during the last three
years and the costs incurred thereon. Respondent-candidate
crossed out the column on the affidavit requiring details of
such travels and their costs. Report submitted before court
by the relevant Authority showed that the respondent had a
rich travelling history during the last three years.
Respondent did not deny his travel history but tried to argue
that at the relevant time he was a foreign national and thus
not required to disclose his travel history. Such argument
could not be accepted by the court. Respondent deliberately
concealed his travel history in the relevant affidavit at the
time of filing his nomination papers. Respondent concealed
material facts under oath which he was required to disclose
in his nomination papers/affidavit, therefore, he was
disqualified from contesting elections. Appeal was allowed
accordingly.”
23.
In the case of Muhammad Nawaz Sharif v. Imran
Ahmed Khan Niazi (PLD 2018 SC 1), while dealing with the
similar proposition this Court held as follows:
“9.
The argument that even if it is assumed that
unwithdrawn salary constitutes an asset, omission to
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