2002 PLP 398 (SCMR)

QAZI MUHAMMAD FAROOQ, J.‑‑‑This petition for leave to appeal has arisen from the judgment dated 14‑6‑2001 of the Lahore High Court, Rawalpindi Bench passed in Writ Petition No. 1997 of 2001.

2. The relevant facts in brief are that the petitioners had filed nomination papers as joint candidates for the seats of Nazim and Naib‑Nazim of Union Council Mianwali Tehsil Pindi Ghaib, District Attock. The nomination papers were rejected by the Returning Officer on. 3‑6‑2001 mainly on the grounds that the candidate for the seat of Naib‑Nazim was a defaulter of Government dues and had also not shown the amount of pension deposited in a Bank in his declaration of assets. The appeal filed by the petitioners was also dismissed by the Election Appellate Authority, Attock on 9‑6‑2001 and the writ petition filed by them also met the same fate on 14‑6‑2001.

3. It transpired from the arguments addressed at the Bar that petitioner No.1 had deposited his commuted pension amounting to Rs. two lacs in the Punjab Bank but had not mentioned it in the declaration of assets annexed with the nomination papers.

4. It was contended by the learned counsel for the petitioners with great vehemence that the omission being bona fide was condonable and in any case it is not fatal being not hit by any penal provision.

5. The learned counsel appearing for the caveator submitted that the order of the Returning Officer rejecting the nomination papers of the petitioners as well as the impugned judgment were sustainable as petitioner No. l was not qualified to be elected in view of section 14(i) of the Punjab Local Government Elections Ordinance, 2000.

6. Admittedly a substantial amount of money, traceable to commutation of pension, lying in deposit in the account of petitioner No. l in the Punjab Bank was not disclosed by him in the declaration of assets filed alongwith the nomination papers in compliance with Rule 16(4) of the Punjab Local Government Elections Rules, 2000. He was obliged to disclose all his assets in the declaration of assets i.e. Form XIX but he concealed the said assets for reasons known best to him. The omission is certainly fatal inasmuch as the actual assets of petitioner No. l are at variance with his declared assets and as such he is not qualified to be elected as a member of Local Government in view of clause (i) of section 14 of the Punjab Local Government Elections Ordinance, 2000 which is worded thus:‑‑ "(i) does not possess assets which are inconsistent with his declaration of assets or justifiable means, whether held in his own name or of the dependents or any other person or corporate body in whose name assets are held in trust or under any other formal or informal arrangement whereby the de fecto control of such assets including their sale, transfer or pecuniary interest, is retained by him. "

7. The Returning Officer was fully empowered to reject the nomination papers for want of a qualification in view of Rule 18(3)(i) of the Punjab Local Government Elections Rules, 2000 which clearly provides that "the Returning Officer tray either suo motu or upon any objection reject a nomination paper if he is satisfied that "the candidate is not qualified to be elected as a member." For the reasons stated above, the petition is dismissed and leave refused Q.M.H./M.A.K./A‑156/S