' The appellant impugns the order dated 7-4-2013 passed by the respondent-Returning Officer rejecting the objections of the appellant and accepting the nomination papers of respondent No,2 for NA-178 Muzaffargah.
2. It is contended by the learned counsel for the appellant that Nawabzada Imran Ahmad, sole proprietor of Messrs Khan Agro Traders Khan Garh has obtained a loan of Rs,2,020,999 for running finance and Rs,3,520,847 for Bank Guarantee who has yet not paid the same even after the lapse of period of one year. Respondent No,2 stood guarantor for the return of the loan. Relies on section 2(c) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and "Messrs United Dairies Farms v. United Bank Ltd. (2005 CLD 569) to argue that a guarantor is a customer and he as such is not liable for the repayment of the loan. After the promulgation of Ordinance ibid, the guarantor cannot absolve himself and cannot distinguish himself from a customer for whom he stands a guarantor.
3. On the other hand, it is contended by the learned counsel appearing on behalf of the respondent No,2 that the disqualification attributable to a person in respect of loan is contained under Article 63(1)(n) of the Constitution of Islamic Republic of Pakistan 1973 which postulates that such a person who should apprehend a disqualification should have obtained a loan himself for an amount of two million rupees or more, from any bank; financial institution, cooperative society or cooperative body in his own name, or in the name of his spouse or any of his dependents which remains unpaid for more than one year from the due date, or has got such loan written off.
Respondent has not obtained any loan.
4. We have heard the arguments advanced by the learned counsel for the appellant, the learned counsel for respondent No,1 and gone through the record.
5. Loan was not obtained by the respondent. He is only the guarantor of the agreement of loan which was obtained by his son Nawabzada Imran Ahmad, sole proprietor of Messrs Khan Agro Traders Khan Garh and this agreement does not disqualify him as provided under Article 63(1)(n) of the Constitution.
6. In view of the above, we see no illegality in the impugned order. The appeal is without merits. The same is hereby dismissed.