' MAMOON RASHID SHEIKH, J.--- This appeal is directed against the order dated 5-4-2013 of the learned Returning Officer PP-26, Jhelum-III, whereby the nomination paper of the appellant has been rejected, inter alia, on the ground that at the time of filing of his nomination paper for the General Elections of 2008 the appellant had concealed the fact of his being a dual national of Pakistan and the United Kingdom. The appellant had thus made a false declaration on oath in his nomination form as to the status of his citizenship. As a consequence, the learned Returning Officer held that the appellant cannot be considered sagacious, righteous, non-profligate, honest and 'ameen' as provided under Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973.
2. The learned counsel for the appellant submits that the appellant did indeed hold British citizenship in 2008. However, the appellant renounced his British citizenship through the requisite declaration. The appellant's Declaration of Renunciation of British Citizenship was accepted by the Home Office/UK Border Agency on 17th of August, 2012. This fact is established from a copy of the appellant's Declaration of Renunciation presented before the learned Returning Officer. As such, at the time of filing of his nomination paper the appellant was not a British citizen. The learned Returning Officer has erred in holding otherwise.
3. Further submits that as per the law laid down by the Hon'ble Supreme Court of Pakistan unless there is a declaration by a Court of law to that effect, a person cannot be declared to be guilty of corruption or corrupt practices or for that matter that he is not sagacious, righteous, non- profligate, honest and 'amen'. There is no declaration by any Court of law against the appellant rendering him disqualified to contest the elections to the seat in question. Relies on the judgments reported as Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others (PLD 2009 SC 644), Nawabzada Iftikhar Ahmad Khan Bar v. Chief Election Commissioner, Islamabad and others (PLD 2010 SC 817), Rana Aftab Ahmad Khan v. Muhammad Ajmal and another (PLD 2010 SC 1066), Ch. Nisar Ali Khan v. Ghulam Samar Khan and 3 others (2003 CLC 442), Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others (PLD 2012 SC 1054) and Rizwan Zouq v. Returning Officer NA-162 SWL-III, Sahiwal and another (2013 CLC 271) in support of his contentions.
4. Having considered the arguments of the learned counsel for the appellant and gone through the record as also the judgments cited at the bar we find that the appellant's Declaration of Renunciation of his British citizenship was accepted by the UK Border Agency/Home Office on 17-8- 2012, therefore, at the time of filing of his current nomination paper the appellant did not hold British citizenship. We, therefore, find force in the arguments of the learned counsel for the appellant and hold that in absence of a declaration by a Court of law the appellant cannot be held otherwise than a sagacious, righteous, non-profligate, honest and ' ameen . Reliance is placed on Rizwan Zouq's case (supra).
5. Under the circumstances, this appeal succeeds and the impugned order dated 5-4-2013 is set aside.
6. It is accordingly directed that the name of the appellant be placed on the list of validly nominated candidates for the constituency of PP-26, Jhelum-III.
7. Copies of the order be sent to the learned District Returning Officer and the Returning Officer concerned for information and necessary action.