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Sagacious and righteous

Sagacious and righteous legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 CLC 1335 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent
Ss. 12, 14 (5A) & 99Representation of the People (Conduct of Election) Rules, 1977, R.5Constitution of Pakistan, Arts.62 & 63Nomination papersScrutinyDisqualificationSagacious and righteous

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.

2013 CLC 1521 ELECTION-TRIBUNAL-PUNJAB Judicial Precedent
Ss. 12, 14(5) & 99Constitution of Pakistan, Art.62(f)Sagacious and righteousNomination papers, scrutiny ofNomination papers of appellant were rejected by Returning Officer on the allegation of concealing true factsValidity

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.

2013 CLC 1193 ELECTION-TRIBUNAL-PUNJAB Judicial Precedent
Ss. 12, 14(5) & 99Constitution of Pakistan, Art.62(f)Sagacious and righteousNomination papers, scrutiny ofConcealing sources of incomeReturning Officer rejected nomination papers of appellant for concealing his sources of incomeValidity

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.

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Precedents & Case Laws citing "Sagacious and righteous"

PLD 1997
Civil Petitions for Leave to Appeal Nos.87 and 88/L of 1997 decided on 22nd January, 1997.

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.
CLC 2013
2013-April-10

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 Punjab
PLD 1997
Writ Petition No.781 of 1997, decided on 26th January, 1997.

P 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.
CLC 2013
2013-April-9

2013 C L C 1521

USMAN IBRAHIM — Appellant Versus RETURNING OFFICER NA-95 GUJRANWALA-I and 2 others — Respondents

Court: Election Tribunal Punjab
CLC 2013
N/A

2013 C L C 1653

NADEEM KHADIM — Appellant Versus RETURNING OFFICER, PP-26, JHELUM-III and another — Respondents

Court: Election Tribunal Punjab
PLD 2024
N/A

P L D 2024 Lahore 351

Hafiz AMMAR YASIR — Petitioner Versus RETURNING OFFICER NA-59 and another — Respondents

Court: High Court
SCMR 2013
Civil Appeals Nos.411 to 414 of 2013, decided on 24th May, 2013.

2013 S C M R 1271

ABDUL GHAFOOR LEHRI — Appellant Versus RETURNING OFFICER, PB-29, NASEERABAD-II and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2013
Civil Petitions Nos.240 and 241-K of 2013, decided on 23rd May, 2013.

2013 S C M R 1246

SADIQ ALI MEMON — Petitioner Versus RETURNING OFFICER, NA-237, THATTA-I and others — Respondents

Court: Supreme Court of Pakistan
PLD 2013
2012-October-1

P L D 2013 Supreme Court 179

Malik IQBAL AHMAD LANGRIAL — Appellant Versus JAMSHED ALAM and others — Respondents

Court: High Court
CLC 2013
2013-April-16

2013 C L C 1667

AMMIR SOHAIL — Appellant Versus RETURNING OFFICER (PP-20) and another — Respondents

Court: Election Tribunal Punjab