This is an application filed by Mr. Sultan Ali Lakhani, a candidate in the Senate Election from Sindh Province on special seats for grant of a certified copy of the `statement of assets and liabilities' filed by Mrs. Nasreen Jalil, who has been elected to the Senate in the election held on the 2nd March, 1994. Under section 25 of the Senate (Election) Act, 1975 (hereinafter called the Act), every successful candidate in the said election was required to file a statement of assets and liabilities'.
Section 25 of the Act is reproduced below for the sake of convenience and ready reference:- "25. Declaration of result of election.--(1) On receipt of the return of the election under subsection
(2) of section 24, the Commissioner shall call upon every candidate securing the highest number of votes to submit statement of assets and liabilities of his own, spouse and dependent children or dependent parents within such period as the Commissioner may fix but not later thap seven days from the date of election.
(2) The Commissioner shall, after the date fixed for submission of statement of assets and liabilities referred to in subsection (1), publish in the official Gazette the names of the returned candidates: Provided that the name of a candidate shall not be published who fails to submit such statement."
2. The notice of this application was issued to Mrs. Nasreen Jalil. Mr. Makhdoom Ali, Advocate has appeared on her behalf pursuant to the notice. I have heard Mr. Abdul Hafees Pirzada, Advocate for the applicant, namely, Mr. Sultan Ali Lakhani and Mr. Makhdoom Ali Khan, Advocate for Mrs. Nasreen Jalil at great length on 14th and 16th April, 1994.
3. It was submitted by Mr. Pirzada that in the definition of corrupt practices as contained in section 58 of the Act, a clause, namely, (aa) and a sub-caluse (iii) of clause (c) have been added in section 58, which reads as follows:- "58.XXXXXX XXX
(aa) file a declaration under subsection (2) of section 11 which is knowingly false.
(iii) submits a false statement of assets and liabilities under section 25."
4. He further submitted that an election petition could be filed on the grounds of any corrupt or illegal practice or illegal practice/acts alleged to have been committed as provided under section 49 of the Act. Section 49 of the Act is reproduced below for the sake of ready reference:- , "49Ground of declaring election of returned candidate void.--(1) The Tribunal shall declare the election of the returned candidate to be void if it is satisfied that--
(a) the nomination of the returned candidate was invalid; or
(b) the returned candidate was not, on the nomination day, qualified for, or was disqualified from, being elected as a member; or
(c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or
(d) a corrupt or illegal practice has been committed by the returned candidate or by any other person with the consent or connivance of the candidate."
Mr. Pirzada also relied on section 36(b) of the Act, which relates to the contents of the election petition. Section 36 of the Act reads as follows:- "36. Contents of tition.--(1) Every election petition shall contain---
(a) a precise statement of the material facts on which the petitioner relies;
(b) full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; and (underlining is mine)
(c) the relief claimed by the petitioner."
He, therefore, argued that unless a certified copy of the `statement of assets and liabilities' was provided, who could know whether assets and liabilities were correctly declared by the successful candidate and could take a ground on the basis of section 49 and could draft the petition. The learned counsel submitted that the said ground is required to be taken specifically under section 36, which has been quoted above.
5. Therefore, by necessary implication the powers to grant the certified copy is available. He also pointed out that under Article 218 of the Constitution read with Article 219, it is the duty of the Chief Election Commissioner. To guard against the corrupt practices. Articles 218 and 219 are also reproduced below for ready reference-.- "218. Election Commission.--(1) For the purpose of each general election to the National Assembly and to a Provincial Assembly,, an Election Commission shall be constituted in accordance with this Article.
(2) The Election Commission shall consist of---
(a) The Commissioner who shall be Chairman of the Commission; and
(b) two members, each of whom shall be a Judge of a High Court, appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.
(3) It shall be the duty of the Election Commission constituted in relation to an election to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
219. Duties of Commissioner.--The Commissioner shall be charged with the duty of --
(a) preparing electoral rolls for election to the National Assembly and the Provincial Assemblies, and revising such rolls annually;
(b) Organizing and conducting election to the Senate or to fill casual acancies in a House or a Provincial Assembly; and
(c) appointing Election Tribunals."
6. On the other hand, Mr. Makhdoom Ali, learned counsel for the successful candidate submitted that no power has been given to the Election Commission or for that matter to the Chief Election Commissioner to grant certified copies.
7. It is true that no express power is given in the Act, but as submitted by Mr. Pirzada, Advocate, the filing of the statement of assets and liabilities would be unnecessary exercise unless the statements are made known to the public or at least to the rival candidate, who are entitled to file the election petition on the grounds of corrupt practices. I agree with him. Moreso, when the Constitution casts duty on the Chief Election Commissioner to guard against the corrupt practices, unless a statement of assets and liabilities is made known to at least the candidates, who took part in the election and lost against the successful candidate, corrupt practices cannot be guarded against. If the statement of assets and liabilities is correct, the successful candidate ha* nothing to fear. If he is straightforward and honest, he has no fear otherwise the intention of the law appears that people with clean, honest and proper conduct should represent the electorate. Therefore, if a copy of the assets and liabilities for which the law has been made and amended is granted, it will advance the object for which law is made and will suppress the mischief, which is intended to be suppressed by the .Amendment of law.
8. Mr. Makhdoom Ali, however, submitted that the statement of assets and liabilities is not a public document. He cited a number of cases from the High Courts and foreign jurisdiction, namely, Allah Din (Deceased) represented by Bhawal Bakhsh and others v. Rehmat and others (PLD 1967 Lahore 1051 (1055), East India Trading Co. v. Badat and Co. Bombay (AIR 1959 Bombay 414- (419), Abdul Halim Khan v. Raja Saadat Ali Khan and others (AIR 1928 Oudh 155 (177), Mahtab Din, v. Kasar Singh and others (AIR 1928 Lahore 640), Umade Rajaha Raje Damara Kumara Venkatalingama Nayanim Bahadur Varu, Bajah of Kalahasti v. Panaganti Parthasarathy Rayanimgar and others (AIR 1942 Madras 558 (572). He argued that since the statement of assets and liabilities is not a public document, therefore, a copy of it cannot be granted.
9. On the other hand, Mr. Pirzada submitted that the statement of assets and liabilities filed pursuant to section 25 of the Act is a public document under Article 85 of the Qanun-e-Shahadat.
He also relied on a Full Bench decision of Madras High Court reported in AIR 1940 Madras 768.
10. I think Mr. Prizada is right. The statement of assets and liabilities is filed pursuant to section 25 of the Act and it is only after it is filed by the successful candidate that his name is published in the official Gazette by the Chief Election Commissioner in accordance with the provisions of section 25
(2) of the Act. Therefore, it is a public document as provided in Article 85 of Qanun-e-Shahdat.
Even otherwise, I am of the view that for the reasons stated hereinbefore grant of certified copies is permissible by necessary implication and intendments under the provisions of the law and the Constitution quoted above. Moreso, no provision is contained in the law against inspection or grant of certified copy of the statement of assets and liabilities like the one contained in section 54 of the Income Tax Act or other Tax Laws or Banking Laws. Further, the rulings cited by Makhdoom Ali Khan on the point of admissibility of certified copies of documents will be relevant at the stage of trial of an election petition. Therefore, these rulings are not relevant at this stage. I would, therefore, direct that the certified copy of `statement of assets and liabilities' may be supplied to the applicant subject to payment of fee prescribed under the rules.