Astore: Chief Judge of the Supreme Appellate Court of Gilgit-Baltistan, Sardar Muhammad Shamim Khan, on Thursday issued a detailed judgment in the case of Zakir Hussain vs. Fida Muhammad Nashad (candidate for GBA-9 Skardu-III), upholding the decision of the Election Appellate Tribunal, which had disqualified Fida Muhammad Nashad for concealing assets.
The Court set aside the order of the Chief Court Gilgit-Baltistan dated May 25, through which the Election Appellate Tribunal’s decision disqualifying Fida Muhammad Nashad had been suspended and the Returning Officer’s acceptance of his nomination papers had been maintained.
After a detailed examination of the record and revenue documents, the Supreme Appellate Court held that in his nomination papers submitted to the Returning Officer on April 20, Fida Muhammad Nashad had disclosed only two properties: a
one-fifth share in Mashabram Hotel and a house plot. However, he failed to declare valuable properties and land situated in Mouza Jutial (Gilgit), Mouza Olding (Skardu), Mouza Thowar, and Dambudas Rondu, despite being their owner.
In its observations, the Court stated that the Election Appellate Tribunal had rightly disqualified Fida Muhammad Nashad in accordance with the law for concealing assets, making false declarations, and violating the mandatory provisions of the Election Act, rendering him ineligible under Article 62(1)(f) of the Constitution of Pakistan for not being Sadiq and Ameen.
The judgment further held that the Chief Court had exceeded its constitutional jurisdiction by allowing the writ petition against the final decision of the Election Appellate Tribunal without any sound legal justification.
The Supreme Appellate Court also clarified that the issue of concealment of assets can be raised at any stage and that the Returning Officer’s approval of nomination papers without proper scrutiny was contrary to the spirit of the law.
Accordingly, the Court declared the Chief Court’s decision null and void and directed that a copy of its judgment be forwarded to the Chief Election Commissioner Gilgit-Baltistan for immediate legal action.