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NISAR AHMED KHUHRO versus ELECTION TRIBUNAL-II


Representation of the Public Act 1976 Section 99 (1A) (s) of the Constitution of Pakistan (1973), Article 199 Constitutional application for disqualification of the nominee, provided under total (c) of section 99 (1A) of the Public Act, 1976, Only when the loan of Rs.2 million or more is received by the candidate in his name or in the name of his spouse or his dependents for the same year or more from the due date. ? By providing a loan limit of Rs 2 lakh or more, the Legislature gave the beneficiaries the benefit of less than Rs 2 lakh and prevented them from becoming ineligible, by providing a term of one year or more from the due date. The Legislature may have intended not to compromise on providing permanent incompetence if default in payment of liabilities of one year or more has been made. Such proposal is subject to Para 53 Language reinforced. The Session Commission of Pakistan, which directed the Returning Officer not to reject any candidate's nomination in case of clearance / loan payment, tax or utility charges before cancellation of nomination papers of candidate is not only controversial in the current candidate. The debt obligation, but before their papers were rejected, their orders were less than Rs 4 lakh, the orders disqualifying the candidate from contesting the elections were not sustainable, the High Court had told the candidate. Orders for nomination papers were put on hold. illegal

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