Law: General Elections Order, 2002

Section: 8A

Law: General Elections Order, 2002

Section: 8A

Law: Representation of the People Act, 1976

Section: 99(1)(cc),12(2)(f),42A,76A,82

Representation of the People Act (LXXXV of 1976)-------Ss. 52, 68, 69 & 70---Election petition---Declaration of election of returned candidate as void---Eligibility of returned candidate had been assailed by the petitioners/unreturned candidates in their election petition, alleging that returned candidate claimed to be holder of B.A. degree on the basis of sanads of two religious Madrassas, were not recognized by Higher Education Commission---Validity---Returned candidate had submitted his Nomination Papers to contest the election of National Assembly by producing documents claimed to be holder of B.A. Educational Certificate, but the documents produced before Returning Officer were forged and fabricated---Said candidate was declared to be an imposter and cheater, by Election Tribunal---Returned candidate was not holder of "Sanads" from Religious Madrassas duly recognized by Higher Education Commission---Two Sanads from Dini Madrassas as claimed by the returned candidate were fraudulently manufactured by him through dishonest means of forgery and fabrication---Returned candidate had not passed the two additional subjects as per law---In view of said fraud and fabrication methodology adopted by the returned candidate, he was not only ineligible to contest the election, but was also not a righteous or honest or an "Ameen" person---Election of returned candidate, was declared to be illegal and void; and accordingly notification of his being a returned candidate, was set aside and was ordered to be cancelled---None of the petitioners/unreturned candidates could be declared as a successful candidate as the substantial majority of the votes did not cast their votes in favour of the either---Election Commission was directed to immediately arrange for holding of election in the constituency in accordance with the conditions and the Election Laws. Sardar Asmatullah Khan v. Moulvi Muhammad Sarwar and others 2011 SCMR 107 ref. Muddasar Qayyum Nahra v. Bilal Ijaz and others 2011 SCMR 80 and Ch. Bilal Ijaz v. Mudassar Qayyum Nahra and 4 others 2010 CLC 1692 rel. Rustam Khan Padhiar for Petitioner. Tipu Salman Makhdoom for Respondent No.1. Muhammad Akbar Cheema and Ch.…

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