Dual citizenship

Record indicated that the respondent-candidate submitted his nomination papers on 10.6.2018 and filed the relevant affidavit in such regard on 11.6.2018

Two days later, he renounced his foreign citizenship on 13.6.2018

On the day the respondent filed his nominated papers he had not renounced his foreign citizenship and was a foreign citizen

Even, if it was assumed that the application of renunciation of foreign citizenship had been filed earlier, no disclosure of the same had been made by the respondent in the relevant column of the affidavit

Respondent had filed a false affidavit and made a false declaration on oath, therefore, he was disqualified from contesting elections

Appeal was allowed accordingly.

Nomination papers of the appellant for the Provincial Assembly were rejected on the ground that at the time of filing of nomination papers, the appellant was a citizen of the USA

Contention of the appellant was that he had surrendered his US citizenship before filing his nomination papers and produced a letter written by him addressed to the US Consulate as proof thereof

Validity

Contention of the appellant could not be accepted as the appellant had only moved an application for renouncing/ surrendering his foreign citizenship and the US Authorities were still to pass an order upon the appellant's application and the appellant had failed to show any response from the US Consulate

Appellant therefore, at the time of filing of his nomination papers and at the time of the scrutiny of said documents, still held the citizenship of the another country

No illegality existed in the impugned order and the candidature of the appellant was hit by Art.113 read with Art.63(1)(c) of the Constitution

Appeal was dismissed, in circumstances.