' SARDAR MUHAMMAD DOGAR, J.---The appellant who is a voter of NA. 90, Narowal-I, had raised objection at the time of scrutiny of the nomination papers of Ch. Shafaat Ahmad Khan, a candidate for the said N.A. seat. Precisely, the objection taken by the appellant was that Ch. Shafaat Ahmad Khan was a member of Anjuman Gazara-e-Kashatkaran Co-operative' Society, Narowal, which was sued by the Pakistan Engineering Company Limited for the recovery of a sum of Rs,11,22,000 as cost of 150 engines, alongwith current and future interest, and the suit was decreed and the Co- operative Society was also directed to pay a sum of Rs, 7,18,659 as interest at the rate of 14%.
Learned counsel contended that as the Co-operative Society of which respondent was a member, had failed to pay the said amount of P.E.C.O. Limited, he stood disqualified.
2. The objection was over-ruled and the nomination papers were accepted by the learned Returing Officer vide order dated 1-9-93. Not feeling satisfied the appellant has filed the instant appeal.
3. It is obvious that neither the respondent nor the Co-operative Society of which he was a member had obtained any loan from P.E.C.O. Ltd The Co operative Society had purchased some engines from the Pakistan Engineering Company Limited and had failed to make payment. It was thus not a case of commission of default of payment of loan from a Bank or Financial Institution. It was a simple case of non-payment of price of the engines.
4. Learned counsel for the respondent has stated that the decree was passed ex parte and an application has been filed for setting aside the same. According to him the application is still pending. He has also asserted that the respondent is not a member of the Co-operative Society.
5. Be that as it may, as it is not a case of failure of payment of loan, within the meaning of clauses
(iii) and (iv) of sub-section (2) of Section 12 of the Representation of the People Act, 1976, we find no