MUHAMMAD YAQOOB SHEIKH versus ELECTION TRIBUNAL (MULTAN BENCH)
Arts 63 (1) (n) and 199 Representation Public Act (LXXXV of 1976), Section 12 (2), Explanation (ii) Rejection of constitutional application nomination papers for membership of the House of Representatives by a company The electoral tribunal has to cover the majority of the shareholders to include the nomination papers for the candidate (applicant). The candidate's bank defaulter was that he was the majority shareholder of a company that took out a loan. From various banks and that they did not receive this loan in their name or personal capacity, therefore, disqualification under Article 63 (1) (n) of the Constitution was made for purposes of disqualification under Article 63 (1) (n). Was not attracted by justification for. The Constitutional Court was free to examine whether the candidate had obtained a loan either by himself or his business or by some other corporate entity that stood by default as separating the candidate from the business corporate entity. In which he was the holder of the majority of the company joining the veil, whether the candidate was the biggest beneficiary of the loan obtained by the corporate body acquired by the company. The present case was to be considered as a loan obtained by the candidate for the purposes of Article 63 (1) (n) of the Constitution, thereby resulting in the explanation (ii) of section 12 (2) of the representation of the people. Support was also received. The constitutional application of the Act, 1976 was excluded accordingly
Related judgments — Lahore High Court Lahore, 2013
