Ch. Hamid Hameed vs Barrister Abdullah Mumtaz Kahlon and others
This matter arises from an election petition filed under Section 52 of the Representation of the People Act, 1976 by the runner-up candidate challenging the victory of the appellant in the General Elections held on 11.05.2013 from National Assembly constituency NA-66-11I City Sargodha. The core legal question involves allegations of corrupt and illegal practices, specifically the alleged concealment of ownership and interest in Koh-e-Noor Textile Cotton Mills situated in Pipplan, District, within the appellant's nomination form. The court's decision involves examining the validity of the election petition and the allegations brought against the returned candidate. The key principle laid down relates to the scrutiny of nomination forms, disclosure of assets and interests, and the adjudication of election disputes under the electoral framework.
- Whether an election petition can be filed under Section 52 of the Representation of the People Act 1976 alleging concealment of assets in a nomination form?
- What constitutes corrupt and illegal practices regarding the concealment of ownership in textile mills within a nomination form?
- Section 52, Representation of the People Act 1976
1. FAISAL ARAB, J. --- In the General Elections that were held on 11.05.2013, the appellant was declared returned candidate from the National Assembly constituency NA-66-11I City Sargodha. The respondent No, 1, who was runner up filed Election Petition before the Election Tribunal under Section 52 of the Representation of the People Act, 1976 alleging corrupt and illegal practices on the part of the appellant. It was also alleged that the appellant in his nomination form has concealed his ownership/interest in Koh-e-Noor Textile Cotton Mills situated in Pipplan, District