' SARDAR MUHAMMAD DOGAR, J.--- The appellant, who had submitted nomination papers alongwith ten others for contesting election from NA-83 Mandi Baha-ud-Din cum Gujrat, has filed this appeal against the order dated 1-9-1993 of the Returning Officer NA-83 of Mandi Baha-ud-Din cum Gujrat whereby the learned Returning Officer had rejected his nomination papers on the ground that he had committed a default by not making payment of a sum of Rs,1.64 millions to the Muslim Commercial Bank Limited Branch Mandi Baha-ud-Din and so he was disqualified to contest the election.
2. Learned counsel in support of the plea of the appellant that he had not committed the default wanted to place reliance on the certificate (Annexure A) purported to have been issued by the Manager of the Branch. Since there was no authentication that the certificate was issued by the Manager of the Bank, we were reluctant to admit the same as evidence. On the request of the learned counsel, the matter was adjourned and the Manager of the bank was summoned on the condition. that the appellant shall pay TA./D.A. of the Manager. The Manager appeared and made statement on oath. In that, he stated that the appellant had obtained a loan of Rs, five lacs and due to accumulation of interest the amount on 23-12-1991 stood at Rs,11,63,640. He added that the appellant had deposited a sum of Rs,4,50,000 on 1-9-1993 leaving a sum of Rs,7,13,640 as balance.
He also added that if the interest accruing from 23-12-1991 was added, the total amount liable to be recovered would come to Rs,9,88,083. Thus, the amount of loan outstanding against the appellant by 1-9-1993 was less than a million.
3. Learned counsel after having argued the appeal at some length submitted that he would not press the contentions raised by him in case a direction is issued that the nomination papers of the appellant be accepted in case he pays the amount now being shown by the Bank as due against him. He also requested for an observation that in case the Court seized of the suit for recovery of loan, decrees, that the appellant was liable to pay a sum less than the appellant will now be depositing, the amount found in excess shall be refunded to him.
4. We feel there is neither anything illegal nor unfair to grant the prayer of the appellant as the Election Commission have already issued instructions that anyone who pays the defaulted amount before 13th September, 1993, should be allowed to contest the election. Actually, if this offer had been made before the Returning Officer, even, he would have accepted the same.
The appeal is disposed of with the direction that the appellant's nomination papers shall be deemed to have been accepted if he pays the amount, now being shown by the Bank outstanding against him, before 13th September, 1993. We may also add that it would be quite fair and legal rather incumbent that if the amount decreed by the Banking Court is less than the amount now to be deposited by the appellant, the excess amount shall be refunded to him.