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SARDAR TALIB HUSSAIN NAKAI versus RETURNING OFFICER


Sections 12 (2), 14 (3) (C) and 99 (1A) of the General Election Order [7 of the Chief Executive's Order No. 2002], Article 8D (2) (O) of the Constitution of Pakistan (1973) , Article 199 Constitution Petition to reject the nomination papers of the National Assembly on the basis that the applicant's spouse was a loan defaulter because he fulfilled the decree of the bank in favor of the bank as a company director or guarantor. The Election Tribunal called the petitioner's appeal a valid agreement between the bank, the company and its directors, including the applicant and his wife, who did not disclose. He had tied his personal capacity in favor of the debt and the company's waiver of the debt waiver agreement. There was a proposal, which would be fulfilled in compliance with its terms, therefore, it cannot be said that the applicant's wife did not accept the obligation to pay the loan and was not the beneficiary. Debt Exemption Exemption The original transaction of the loan was rejected by the court's consent and the terms were being followed by the company unless the company defaulted, the wife was declared a loan defaulter. Cannot place applicant disqualified request and put aside unneeded order

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