Case Details

Citation(s)
2005 SLG 579 2005 SLD 579 2005 PLD 40
Quetta High Court
Constitutional Petition No. 71 of 2003, heard on 20-02-2003.
AKHTAR ZAMAN MALGHANI, JUSTICE
PETITIONER(S): RAJA RAB NAWAZ, ADVOCATE Petitioner(s) by: person
Respondent(s) by: person.

RAJA RAB NAWAZ, ADVOCATE

VS

MAULVI AGHA MUHAMMAD AND 2 OTHERS

Law: Conduct of General Elections Order (7 of 2002)

Section: 8A

Law: Representation of the People Act, 1976

Section: 99

Law: Constitution of Pakistan, 1973

Section: 199

Law: Senate (Election) Act, 1975

Section: 78

Conduct of General Elections Order [7 of 2002] Art. 8A Senate Election Act (LI of 1975), S.78 Representation of the People Act (LXXXV of 1976), S.99 Notification No.(2)(11)2002 -Cord, dated 29 7 2002 University Grants Commission Act (XXIII of 1974), Preamble Constitution of Pakistan (1973), Art. 199 Constitutional petition Election to Senate Academic qualification of candidate Candidate had been declared by the Member, Election Commission of Pakistan, the Appellate Authority, as a validly nominated candidate for contesting Senate Election Petitioner was not a contesting candidate independently or on the basis of political party ticket for the elections of the Senate nor he was an elector Constitutional petition related to the issuance of writ in the nature of quo warranto within the meaning of Art. 199(1)(b)(ii) Petitioner being not an aggrieved person could not question the order passed by the Appellate Authority by invoking Constitutional jurisdiction of the High Court under Art.199 of the Constitution Order sought to be set aside, passed by the Appellate Authority, had also not been specifically mentioned nor appropriate reliefs had been sought for in the Constitutional petition Petition being defective in its form and not maintainable was dismissed in limine Principles. As per provisions of Article 8 A of the Conduct of General Elections Order, 2002 a person shall not be qualified to be elected or chosen as a member of Majlis e Shoora (Parliament) or the Provincial Assembly unless he is at least a graduate possessing a bachelor degree in any discipline or any degree recognized as equivalent by the University Grants Commission under the University Grants Commission Act, 1974 (XXIII of 1974) or any other law for the time being in force. In the present case Sanad of Madrassa was attached with the nomination papers filed by the candidate with the Returning Officer claiming that the same was equivalent to a bachelor degree of a University, therefore, the candidate was to satisfy that the sable had been recognized as equivalent by the University Grants Commission/Higher Education Commission. Perusal of the order passed by the Appellate Authority showed that no…
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