' The appellant has assailed the vires of order dated 7-4-2013 passed by the learned Returning Officer NA-52, Rawalpindi, whereby the objections filed by him, on the nomination form submitted by respondent No,2 were rejected and consequently the papers were accepted. The question raised by the appellant is that if the spouse or dependents/children of a candidate are citizens of a foreign State, whether he is qualified for membership of Majlis-e-Shoora (Parliament) and if the said person would remain loyal to the State as required under Article 5 of the Constitution of Islamic Republic of Pakistan, 1973.
2. The appellant has contended that Article 35 of the Constitution provides that State shall protect the family life so a candidate whose spouse and the children, are citizens of a foreign State would not be able to serve the nation wholeheartedly as his attention would always be diverted to the welfare of his family living in the foreign country. While referring to Verse No,72 of Sura-Al-Infal he urged that if the members of the family of some one do not migrate to Dar-ul-Islam, they are not entitled to inherit from him. According to him as the family members of the caretaker Prime Minister and caretaker Chief Minister are not entitled to contest the elections in view of Article 224(1B) so in the similar manner the candidate whose family is living in a foreign country is not qualified to become member of Majlis-i-Shoora (Parliament). It is vehemently urged that the learned Returning Officer erred in over-ruling the objections and accepting the nomination papers.
3. The disqualification prescribed for the membership of the Majlis-e-Shoora (Parliament) under Article 63(1)(c) is to the extent of a candidate, who ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State. It has no reference to the citizenship of the spouse or: other members of the family. The contention that a candidate, whose wife or children live in another country will not serve the country wholeheartedly is without force. No doubt the State is under obligation to protect marriage, the family, the mother and child under Article 35 of the Constitution of Islamic Republic of Pakistan, 1973 but it cannot be inferred by any stretch of imagination that if the members of the family live abroad, the candidate would stand disqualified to contest the election. The candidate would not stand disqualified in view of the injunctions as contained in Verse No,72 of Sura-Al-Infal. Almighty Allah ordains as under:- "Verily, those who believed and migrated and strove hard and fought with their property and their lives in the cause of Allah as well as those who gave (them) asylum and help these are (all) allies to one another. And as to those who believed but did not migrate (to you 0 Muhammad SAW) you owe no duty of protection to them until they migrate but if they seek you help in religion, it is your duty to help them except against a people with whom you have a treaty or mutual alliance and Allah is the all Seer of what you do."
It is obvious that this holy verse is not applicable on the question requiring adjudication in this petition. A person whose spouse or children/dependents have acquired citizenship of a foreign country is not disqualified to be a member of "Majlis-e-Shoora" (Parliament) under Article 63(1)(c) of the Constitution of Islamic Republic of Pakistan, 1973 .
4. For the reasons supra the order passed by the learned Returning Officer does not suffer from any illegality or infirmity. The appeal is without merits and the same is accordingly dismissed in li mine.