2020 PLP 551 (MLD)

FAHIM AHMED SIDDIQUI, J.

Through instant appeal, nomination form of respondent No. 1 has been challenged, which learned Returning Officer has accepted vide impugned order. While pressing instant appeal, learned counsel for the appellant submits that objections of the appellant have not been considered by the Returning Officer. He submits that respondent No.1 is Green Card holder, as such, he intends to obtain USA nationality. He further submits that respondent No. 1 has not disclosed his visits properly. He submits that he initially did not file passport and subsequently same was filed. He submits that from his passport, it appears that he has visited USA without obtaining Visa, meaning thereby, either he is citizen of USA or he has applied for citizenship of USA. He submits that he withheld information: therefore he is not liable to be elected as member of Parliament. He submits that even he had withheld all the information in his previous election. He also submits that he purchased certain properties in 1988, but he has not disclosed in 2003 election. He further submits that he has purchased some properties in England, but did not declare all these properties in 2003 election. According to him, such property was gifted by him to his son in 2011. According to him, being Foreign passport holder, he did not disclose same also. According to him, due to non-disclosure in 2003, his nomination form is liable to be rejected. According to him, he has not disclosed actual area of agricultural land. He relied upon 2013 SCMR 1271, PLD 2018 SC 189 and 2013 SCMR 1238. He has not disclosed actual agricultural lands. Learned counsel for the respondent No. 1 while opposing instant appeal submits that respondent No.1 has disclosed each and every thing in his nomination form. He submits that it is fact that respondent is Green Card holder and Green Card is not a nationality. According to him, for getting nationality, continuous stay in United States of America is necessary and respondent does not fulfill that condition. He submits that flat was purchased in the year 1988, but same was given to his son in January, 2003. He submits that as the flat was already given to his son, therefore, same has not been mentioned by him in 2003 at the time of election. He points out different annextures of nomination form and submits that all the agricultural lands have been mentioned therein. According to him, there is no concealment on the part of respondent No.1. He submits that respondent No. 1 is Pakistani and he will remain to be Pakistani. In response to query, learned counsel for the respondent categorically stated that respondent has never filed form N-400 for naturalization in USA, nor he intends to do so. I have heard the arguments advanced and have gone through the material available on record. The objections raised by the learned counsel for the appellant are properly replied by the learned counsel for the respondent No.1. The annextures of nomination form contains every details of property of respondent No.1 and if any omission is found in nomination form, same cannot be considered as a concealment on the part of respondent No.1, when details have been disclosed through annextures. If any omission is there, same can be corrected at the time of scrutiny or even thereafter if required. If nomination form provides insufficient space, the candidate is allowed to use separate sheets. As far as, properties purchased in the year 1988, the respondent has categorically stated that he has given that property to his son in January, 2003. It is factual position that property does not stand in the name of respondent No.1 and his son is not dependent on him. As far as dual nationality is concerned, respondent No.1 has stated that neither he has obtained nationality of any other country. nor he intends to do so. It is admitted by the respondent No. 1 that he is Green Card holder, but holding of Green Card is not a nationality of USA, The Green Card is a sort of permanent residency in which certain facilities of working and opening account etc. are available to the foreign nationals residing in USA. It might be that Green Card paved the way to acquiring nationality of USA, but itself holding of Green Card is not a nationality of USA. The process of naturalization for getting USA nationality starting after filing form N-400 and for the same one condition is of continuous residency in USA for period of 5 years. Learned counsel on behalf of respondent No 1 has categorically stated that he has not filed form N-400 for naturalization in USA. Nothing contrary to this effect is produced by the appellant in the instant proceeding From the passport, it appears that respondent No. 1 has never stayed considerable longer period in USA as such he did not fulfill second condition i.e. continuous five years stay in USA in all his entries in USA, respondent No.1 has used Pakistani passport. Respondent No.1 has categorically stated that he has not obtained nationality of any country. As such I am of the view that neither he holds USA citizenship nor he has applied for the same. Upshot of above discussion is that impugned order is within four corners of law, as such, instant appeal is dismissed. SA/A-60/Sindh Appeal dismissed.