1. FAHIM AHMED SIDDIQUI, J.----This order will dispose of instant appeal filed by appellant against the impugned order whereby nomination form of respondent No.7 was accepted.
2. Learned counsel for the appellant while pressing the instant appeal submits that although it is mentioned in Form 'B' that statement attached but no statement is attached with the nomination form. According to him there are several informations required in form 'B' but appellant has just stated detail of his assets and other requirements of Form 'B' were not fulfilled. He further submits that he has also concealed the landed property in the name of his dependants/ children. He submits that he has also concealed the property of his wife. According to him there is property in DHA in the name of his wife Mst. Raheela. According to him he did not disclose his landed property in the name of his daughter Shehnaz Khuhro, his minor 'son Muhammad Moosa, minor son Muhammad Nawaz. He draws attention towards annexure 'B', B-I' and B-II pages 175 to 179 of the instan t appeal where Forms VII of the minors are available which show that the property belongs to aforesaid minors. He points out that even details of utility charges is not given by him. He further submits that he has concealed his wife Mst. Tania and daughter Kismat Nisar . He draws attention towards family Tree of Kismat Nisar wherefrom it is established that respondent No.7 Nisar Ahmed Khuhro is her father and Mst. Tania is her mother .
3. In response to such contention learned counsel for respondent No.7 submits that every detail has been shown by the respondent No.7 in his nomination form. He submits that properties of his sons and daughters are not shown because all his daughters are independent and they are separate filers of their income tax returns. He submits that Mst. Tania was wife of respondent No.7 but he has divorced her orally and it was agreed that Kismat Nisar daughter of respondent No.7 will remain under care and custody of her mother as such she is not dependent on him and lives with her mother . He submit s that as far as the property of minors of respondent No.7 shown by the appellant through certified copy of Form VII is concerned, the respondent No.7 being father has sold out those properties through sale agreement to one Allah Warrayo son of Muhammad Ismaeel. He submits that such Allah Warrayo son of Muhammad Ismaeel has given his affidavit regarding sale agreement. He also produced photocopy of the sale agreement executed by respondent No.7 on behalf of his minor son. Regarding the property of his wife being Bunglaow No.197, 38th street B.V-III, PHSE-VI, DHA Karachi, he submits, that the wife of respondent No.7 Khadija was owner of 50% share in the said bungalow along with her mother (mother in law of respondent No.7) and share in the said bungalow was sold out by Mst. Khuadija to her mother Mst. Raheela Ambreen. He submits that since respondent No.7 has sold out the properties of his minor sons as well as his wife has sold out her share in the property to her mother , therefore there was no need to mention the same in the requisite affidavit of honoruable Supreme Court or any where in the nomination form. He submits that these properties have already been sold out hence their details are also not required to be annexed with.
4. Learned Assistant Attorney General and learned counsel for Election Commission of Pakistan Larkana division have supported the impugned order passed by learned Returning Of ficer.
5. I have heard arguments advanced and gone through the relevant record. It is a factual position that the Bangalow No. 197. 38th street, B.V-III, PHSE VI was purchased by Mst. Raheela Ambreen (may be the mother-in-law of respondent No.7) along with the wife of respondent No.7 Mst. Khadija through registered sale deed but surprisingly against the registered sale deed , Mst. Khadija has sold out the said property to her mother through an unregistered agreement. I am of the view of that the agreement against the registered document is having no worth. The respondent No.7 may have the good case if he had filed the said registered sale deed along with the agreement in the nomination form but he did not do so. The above stated mother-in-law of respondent No.7 has also filed an affidavit but I am of the view that the same is of no use for the reason that it appears to be after thought. Similarly the claim of responden t No.7 that he had sold out the property of his minor son to one Allah Warrayo bears no weight as the property of minors-cannot be sold out without the permission of the Guardian and Wards Court. In response to a query , the learned counsel for respondent No.7 admits that permission was not obtained and the same will be obtained soon. It is also worth mention that the said sale was also under an un- registered agreement. Even if it is sold out through revocable agreement, it should be mentioned in Nomination Form.
6. Another aspect of the case is of serious in nature i.e the concealment of his wife Mst. Tania and daughter Kismat Nisar Khuhro. The respondent No.7 has filed an affidavit after deciphering this fact by the appellant through Family Tree of Kismat Nisar . The respondent tried to reason out by filing affidavit in which besides given the aforesaid facts he has mentioned as under:- "It is worth to mention here that so far as allegation of concealment of third wife Mst. Tania is concerned, it is false and misleading, as I have divorced Tania long back and at the time of separation it was mutually agreed between me and Mst. Tania that baby Qismat Khuhro will remain under the care and custody of her mother and when she will attain the age of majority then for her future including marriage Mst. Tania will consult me and we both will decide about her future mutually , being an educated person and looking to the welfare of the minor , as provided under the Muslim laws, I have given the custody of the minor baby to her mother and baby now is not dependant on me but is dependant of her mother , however in NADRA record baby is registered in my name".
7. It is pertinent to mention that this affidav it is sworn by the respondent No.7 before the Affidavit Branch (identity section) of this Court. I would like to reproduce the relevant part of the af fidavit.
8. "Mr. Nisar Ahmed Khuhro son of Muhammad Nawaz Khuhro, resident of Aqil, Taluka and district Larkana, affirmed on oath before me at Sukkur on this 26th June, 2018 in the 'Identity Section' of this Court.
9. Sd/- Assistant Registrar Affidavit and Identification Branch High Court of Sindh Bench at Sukkur .
10. From the above facts disclosed by the respondent No.7 on oath, it is sufficient to say that he has at least not mentioned his minor daughter Kismat Nisar Khuhrao. Family Tree of Kismat Nisar indicates that she was born on 06.10.2008 meaning thereby that she is still minor . Under Muhammadan Law an unmarried woman remains under dependency and care of his father . A man after the birth of his child cannot devolve the responsibility of his child, as done by respondent No.7. Although the respondent No.7 has not filed any proof of divorce to Mst. Tania but it can be said that atleast he has willfully not disclosed A his real daughter and he is not taking the responsibility of the same as per his own statement as after divorce by father he is not required to take responsibility of maintenance from his daughter after separation. I am of the view that there is active concealm ent of certain valuable landed properties and bungalows in the name of his wife and minor/major children. 1, therefore, came to conclusion that nomination form of respondent No.7 was improperly accepted by learned Returning Officer as such the impugned order is set aside and the nomination form of respondent No.7 is rejected.