Loan defaulter

2013 CLC 1310 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 14(5A) & 99Constitution of Pakistan, Arts.62 & 63Loan defaulterLiability of guarantorNomination papers filed by respondent candidate were accepted by Returning Officer during scrutiny

Appellant bank preferred direct appeal before High Court alleging that respondent candidate was wilful defaulter of loan

Plea raised by respondent was that he was guarantor and not principal debtor

Validity

Decree was passed against respondent and the same had been upheld by Supreme Court but it remained unsatisfied

Liability of guarantor was co-extensive with that of principal debtor, therefore, respondent was liable to pay decretal amount

Respondent did not disclose fact of passing of decree against him in his nomination papers

Respondent was not only adjudged defaulter in terms of S.14 (5A) of Representation of the People Act, 1976, but was also guilty of concealment of facts

Candidature of respondent was hit by provisions of Arts.62 & 63 of the Constitution read with S.14 (5A) of Representation of the People Act, 1976

Election Tribunal directed to delete name of respondent from list of validly nominated candidates of the constituency and his nomination papers were rejected

Appeal was allowed accordingly.