| Citation(s) |
|---|
| 2011 SLG 1327 2011 SLD 1327 2011 SCMR 107 |
Supreme Court of Pakistan
Civil Appeal No. 78-Q of 2009, decision dated: 14-09-2010.(On appeal from the judgment dated 8-5-2009 passed by the Election Tribunal, Baluchistan High Court, building, Quetta in Election Petitions Nos. 1, 3, 9, 29, 32 and 33 of 2008)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ KHAN AND GHULAM RABBANI, JJ
Mian Abdul Rauf, Advocate Supreme Court for Appellant. Qazi Muhammad Anwar, Senior Advocate Supreme Court for
Respondent No. 1
Civil Appeal No. 78-Q of 2009, decision dated: 14-09-2010.(On appeal from the judgment dated 8-5-2009 passed by the Election Tribunal, Baluchistan High Court, building, Quetta in Election Petitions Nos. 1, 3, 9, 29, 32 and 33 of 2008)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PARVEZ KHAN AND GHULAM RABBANI, JJ
Mian Abdul Rauf, Advocate Supreme Court for Appellant. Qazi Muhammad Anwar, Senior Advocate Supreme Court for
Respondent No. 1
Sardar ASMATULLAH KHAN
VS
Moulvi MUHAMMAD SARWAR and others
Law:
Section:
Representation of the People Act (LXXXV of 1976)---S.55---Higher Education Commission Ordinance (LIII of 2002), S.10---Qualification of candidate---Equivalence of degree---Respondent was returned candidate and he held Sanad of Shahadat-ul-Alamia which was not issued by an institution duly recognized by Higher Education Commission---Plea raised by respondent was that he had subsequently passed two additional subjects---Validity---Respondent failed to produce any copy of certificate to the effect nor could he refer to any year or name of institute of passing two additional subjects as pleaded by him---No such document was placed for expert opinion before Higher Education Commission and it was stated by the Commission that Deeni Sanad held by respondent was not considered as equivalent to Graduation / Bachelor's degree by Higher Education Commission---Respondent was not holding a Deeni Sanad equivalent to Graduation / Bachelor degree, therefore, he was not qualified to contest general elections of 2008 for Provincial Assembly---Respondent though a returned candidate was not, on the nomination day, qualified for or was disqualified from being elected as a member and his election as returned candidate was, therefore, void---Notification declaring respondent as returned candidate was set aside and Supreme Court directed Election Commission to issue election schedule for bye¬-election---Appeal was allowed. Abdul Rehman v. Haji Ghazan Khan 2007 SCMR 1491; Moulana Abdullah v. Returning Officer and others 2003 SCMR 195 and Sanaullah Khan and others v. District Returning Officer, Mianwali and others PLD 2005 SC 858 ref. JUDGMENT GHULAM RABBANI, J.---Appellant has assailed the common judgment dated 8-5-2009 whereby Election Petition No.3 filed by the appellant with several other Election Petition were dismissed by the Election Tribunal, Baluchistan. 2. The above appeal was heard by us and vide our short order it was disposed of in the following terms:-- (a) The notification declaring respondent No.1 (Moulvi M. Sarwar) as a successful/returned candidate from the Constituency PB-15 (Baluchistan) is set aside for the reason that as per opinion of the Higher Education…
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