Sagacious and righteous
Sagacious and righteous legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Sufficient documentary evidence was available to establish the fact that respondent was not qualified to contest election for the seat of Provincial Assembly as well as Senate on the strength of fake and fictitious B.A. degree
Respondent made declaration in column meant for academic qualification and declared himself to be a graduate, though he was not
Effect
Respondent had to face consequences of Arts.62 & 63 of the Constitution, once there was disqualification, it was always disqualification
Election Tribunal directed the authorities to exclude name of respondent from list of validly nominated candidates and his nomination papers were rejected
Appeal was allowed in circumstances.
Figures of income declared by appellant did not tally with total income declared by him in Column No.12 of nomination papers
Appellant also declared an increase into his assets in year, 2012, as per detail given in column of assets of nomination papers but there was no explanation for such increase as to wherefrom source of such increase came
Scrutiny conducted by Returning Officer and perused by Election Tribunal reflected that appellant did not truly reflect his sources of income in different papers which did not even tally with each other
Such contradictions were of substantial nature and reflected seriously upon personal character of appellant
Provision of Art.62(f) of the Constitution had made fundamental qualification for being elected as member of Majlis-e-Shoora for a person that he should be a sagacious, righteous, non-profligate, honest and Ameen
Appellant was rightly adjudged by Returning Officer to be suffering from lack of qualifications mentioned in Art.62(f) of the Constitution
Appeal was dismissed in circumstances.
Appellant had concealed his source of income regarding accretion as claimed by him and did not disclose in column of nomination papers specified for agricultural income any assets
Declaration of assets for year 2012, filed by appellant before Income Tax authorities, was also outcome of suppressing source of his acquisition of valuable property running into lac of Rupees
All such circumstances deprived appellant of necessary eligibility criteria prescribed in Art.62(f) of the Constitution
Returning Officer was fully justified in rejecting nomination papers of appellant
Election Tribunal maintained the order passed by Returning Officer
Appeal was dismissed in circumstances.
"Sagacious and righteous", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124941696
Precedents & Case Laws citing "Sagacious and righteous"
P L D 1997 Supreme Court 283
Sardar RAFIQUE HAIDER KHAN LEGHARI‑‑‑Petitioner Versus ELECTION TRIBUNAL and others‑‑‑Respondents
Court: ‑‑‑‑S.12(2) as amended by Representation of the People Act (Amendment) Ordinance (LXII of 1996)‑‑‑Constitution of Pakistan (1973), Arts. 62 & 185(3)‑‑‑Petitioner's nomination papers for National and Provincial Assembly seats were accepted by Returning Officer but same were rejected by Election Tribunal on the ground that he was not sagacious or righteous person‑‑ Petitioner's Constitutional petition against rejection of his nomination papers was rejected by High Court‑‑‑ Validity‑‑‑ Leave to appeal was granted to consider whether defect in nomination papers was not of substantial nature and such defect would not render petitioner as a person who was not "sagacious" or "righteous" keeping in view definition of such terms; and whether High Court was justified in not interfering with order of Election Tribunal on account of factual and legal position‑‑‑Returning Officer/Election Tribunal was directed to allow petitioner to participate in election of relevant constituencies without prejudice to‑contentions of parties and result of appeals.2013 C L C 1193
MUHAMMAD ASHRAF — Appellant Versus RETURNING OFFICER, CONSTITUENCY NO.NA-95/DISTRICT AND SESSIONS JUDGE, GUJRANWALA and 3 others — Respondents
Court: Election Tribunal PunjabP L D 1997 Lahore 250
Sardar M. JAMAL KHAN LEGHARI ‑Petitioner Versus Sardar ZULFIQAR ALI KHAN KHOSA‑‑‑Respondent
Court: ‑‑‑‑S. 12(2)(iv) as amended by Representation of People (Fifth Amendment) Ordinance (CXIX of 1996) & S.99‑‑‑Constitution of Pakistan (1973), Arts. 62 & 63‑‑‑Objection to nomination papers of candidate for Provincial Assembly seat on the ground that he was Director of a Company which had obtained loan, which was written off, and therefore, he was hit by provision of S.12(2) (as amended) and S.99, Representation of the People Act, 1976‑‑‑Other objection to candidate's nomination was that he, having sworn false declaration in his nomination papers, was not sagacious and righteous, person and therefore, not qualified to contest election being hit by provisions of Arts. 62 & 63 of the Constitution‑‑‑Said objections were rejected both by Returning Officer and Election Tribunal‑‑‑Validity‑‑‑Bank record clearly indicated that loans advanced to candidate's company were written off‑‑‑Candidature was thus, hit by S.12(2)(iv) and S.99(1)(f), Representation of the People Act, 1976‑‑‑Candidate was also hit by Art.62 of the Constitution‑‑‑Returning Officer and .Election Tribunal in accepting candidate's nomination papers and allowing him to contest elections had acted without lawful authority.2013 C L C 1521
USMAN IBRAHIM — Appellant Versus RETURNING OFFICER NA-95 GUJRANWALA-I and 2 others — Respondents
Court: Election Tribunal Punjab2013 C L C 1653
NADEEM KHADIM — Appellant Versus RETURNING OFFICER, PP-26, JHELUM-III and another — Respondents
Court: Election Tribunal PunjabP L D 2024 Lahore 351
Hafiz AMMAR YASIR — Petitioner Versus RETURNING OFFICER NA-59 and another — Respondents
Court: High Court2013 S C M R 1271
ABDUL GHAFOOR LEHRI — Appellant Versus RETURNING OFFICER, PB-29, NASEERABAD-II and others — Respondents
Court: Supreme Court of Pakistan2013 S C M R 1246
SADIQ ALI MEMON — Petitioner Versus RETURNING OFFICER, NA-237, THATTA-I and others — Respondents
Court: Supreme Court of PakistanP L D 2013 Supreme Court 179
Malik IQBAL AHMAD LANGRIAL — Appellant Versus JAMSHED ALAM and others — Respondents
Court: High Court2013 C L C 1667
AMMIR SOHAIL — Appellant Versus RETURNING OFFICER (PP-20) and another — Respondents
Court: Election Tribunal Punjab