The Supreme Appellate Court of Gilgit-Baltistan has upheld the disqualification of Fida Muhammad Nashad, a candidate for the GBA-9 Skardu-III constituency, for concealing assets in his nomination papers. Chief Judge Sardar Muhammad Shamim Khan issued a detailed judgment on Thursday, affirming the decision of the Election Appellate Tribunal.
Court Ruling and Background
The Court set aside the order of the Chief Court Gilgit-Baltistan dated May 25, which had suspended the tribunal's disqualification and maintained the Returning Officer's acceptance of Nashad's nomination papers. After examining revenue documents, the Court found that Nashad disclosed only two properties in his nomination papers submitted on April 20: a one-fifth share in Mashabram Hotel and a house plot. However, he failed to declare valuable properties and land in Mouza Jutial (Gilgit), Mouza Olding (Skardu), Mouza Thowar, and Dambudas Rondu, despite being the owner.
Legal Basis for Disqualification
The Court stated that the Election Appellate Tribunal had rightly disqualified Nashad under the Election Act for concealing assets, making false declarations, and violating mandatory provisions. This rendered him ineligible under Article 62(1)(f) of the Constitution of Pakistan for not being Sadiq and Ameen (truthful and trustworthy).
Exceeding Jurisdiction
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 sound legal justification. The Supreme Appellate Court also clarified that the issue of asset concealment can be raised at any stage, and the Returning Officer's approval of nomination papers without proper scrutiny was contrary to the spirit of the law.
Action Ordered
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.
