| Citation(s) |
|---|
| 2004 SLG 2868 2004 SLD 2868 2004 PLD 570 |
Supreme Court of Pakistan
Civil Appeals Nos. 1 and 5 of 2004, decided on 27th February, 2004. (On appeal from the judgment dated 16-1-2004 of the High Court of Sindh, Karachi in Election Petition No. 35 of 2002).
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in Civil Appeal No. 1 of 2004). Raja Muhammad Ibrahim Satti, Advocate Supreme Court for
Respondent No. 1 (in Civil Appeal No. 1 of 2004). Raja Muhammad Ibr
Civil Appeals Nos. 1 and 5 of 2004, decided on 27th February, 2004. (On appeal from the judgment dated 16-1-2004 of the High Court of Sindh, Karachi in Election Petition No. 35 of 2002).
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in Civil Appeal No. 1 of 2004). Raja Muhammad Ibrahim Satti, Advocate Supreme Court for
Respondent No. 1 (in Civil Appeal No. 1 of 2004). Raja Muhammad Ibr
BASHIR AHMED BHANBHAN and another
VS
SHAUKAT ALI RAJPUR and others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)----- ----Ss. 55 & 56---Civil Procedure Code (V of 1908), O.VI, R.15--Election petition, verification of---Words 'hereinabove' used in verification---Effect---Verification clause in election petition stated, "petitioner states on oath and solemn affirmation that whatsoever had been stated hereinabove is true and correct to the best of his knowledge and belief"---Word `hereinabove' referred to the entire contents of the petition, leaving no ambiguity of any sort---Election petition was validly verified in circumstances. Sheikh Mushtaq Ali, Advocate v. Khalid Anwar 1999 MLD 1533 and Engr. Iqbal Zafar Jhagra and others v. Khalilur Rehman and 4 others 2000 SCMR 250 ref. (b) Representation of the People Act (LXXXV of 1976)----- ----S.55(3)---Qanun-e-Shahadat (10 of 1984), Art.85---Election petition--Verification of annex---Public documents---Election petitioner annexed with the petition, notification issued by University, certificate issued by the Registrar declaring the degree of returned candidate as bogus and other certificates---Effect---Such documents were public documents and the same did not require any sort of verification. (c) Qanun-e-Shahadat (10 of 1984)----- ----Art.85--Public documents---Connotation---All such documents which are prepared by a public servant in discharge of his official duties and are kept as record are public documents. (d) Conduct of General Elections Order (Chief Executive's Order No. 7 of 2002)----- ----Art. 8-A---Representation of the People Act (LXXXV of 1976), S.56---Educational qualification of candidate---Determination---Dispute was with regard to the educational qualification of the returned candidate---Contention of the returned candidate was that he appeared in B.A. Examination in the year, 1983 and qualified the same in the year, 1984---Returned candidate neither applied for copy of mark sheet nor obtained original degree till year, 2002 when he got certified copy of pass certificate---Validity---Such certified copy obtained in the year, 2002 created doubt about its genuineness---Usually the original degrees are awarded in Convocations by Chancellor of respective…
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