Law: Representation of the People Act, 1976

Section: 99(cc)

Law: Constitution of Pakistan, 1973

Section: 62,63,199(b)(ii)

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 99(cc)---Constitution of Pakistan, Arts. 62, 63 & 199(b)(ii)---Constitutional petition---Election to National Assembly---Educational degrees of elected members alleged to be fake, thus, they were not legally entitled to hold public office (MNA) and were liable to refund amounts drawn as salaries and other benefits---Respondents (members) plea that after dissolution of Parliament, respondents ceased to be holder of such public offices and cause of action alleged thereagainst also ceased to exist rendering constitutional petition as non-maintainable---Validity---General election had been announced to be held on 11-5-2011---Respondents were not holding any public office after dissolution of Parliament---Writ of quo warranto could be issued against a person holding a public office without any lawful authority, but not against a person already ceased to hold such office---Relief of refund of salaries and other benefits from usurper of a public office could not be granted in proceedings for quo warranto---University and Board of Intermediate concerned had confirmed respondents' degree to be fake --- Petitioner before Returning Officer could object eligibility of respondents qua Arts.62 & 63 of the Constitution, if they filed nomination papers to contest general election---High Court dismissed constitutional petition for having become infructuous. Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others PLD 2012 SC 1089; Khuda Bakash v. Mir Zafar Ullah Jamali 1997 SCMR 561; Ch. Muneer Ahmed and others v. Malik Nawab Sher and others PLD 2010 Lah. 625; Haji Khizar Hayat v. Sarfraz Khan and another PLD 1968 Lah. 381; P.L. Lakhanpa1 v. Alit Ray, Chief Justice of India, New Delhi and others AIR 1975 Delhi 66; Sardar Asseff Ahmad Ali v. Muhammad Khan Junejo and others PLD 1986 Lah. 310; Dr. Kamal Hussain and 7 others v. Muhammad Sirajul Islam and others PLD 1969 SC 42; Muhammad Liaquat Munir Rao v. Shams ud Din and others 2004 PLC (C.S.) 1328; Rana Muhammad Hayat Khan v. Rana Imtiaz Ahmad Khan PLD 2008 SC 85; Khuda Bakhsh v. Mir Zafarullah Khan Jamali 1995 CLC 1860; Rana Aftab…

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