Law: Representation of the People Act, 1976

Section: 78(3)(d),62

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 78(3)(d)---Election petition---Provincial Assembly, election of---Academic qualification of returned candidate (respondent)---Petitioner's plea was that respondent had obtained B.A. degree by fraudulent means through an impersonator as Roll Number Slip issued to respondent by University bore photograph and National Identity Card (NIC) number of impersonator and not that of respondent---Proof---Evidence on record showed that respondent himself had filled examination admission form and roll number slip, whereas NIC number finding mention therein did not belong to him---Record further showed that admission form contained an attested photograph of respondent, whereas roll number slip contained attested photograph of impersonator, whose identity could not be established during trial---Photographs of respondent and impersonator had been attested by same officer and affixed on admission form and roll number slip at time of filling and filing the admission form by respondent---Mentioning of wrong NIC number on admission form and roll number slip by respondent was not an innocent mistake, rather he by concealing his identity had facilitated impersonator to appear on his behalf in B.A. examination---Vice Chancellor of University on basis of report of Inquiry Committee had quashed respondent's result of B.A., on account of difference of photographs on his admission form and roll number slip and three changes in examination center---Respondent had not personally sit for and take B.A. examination, but had been substituted by impersonator---Degree of B.A., issued to respondent by University was valid and not fake, but he had obtained same through impersonator by adopting dishonest practice, fraudulent and illegal means---Respondent was not qualified to contest election on nomination date---Election Tribunal accepted petition and imposed penalty upon respondent in terms of S.62 of Representation of the People Act, 1976. Munawar Hussain v. University of Azad Jammu and Kashmir and others Civil Appeal No.177 of 2010; Ghulam Akbar Lang v. Dewan Ashiq Hussain Bukhari and others 2012 SCMR 366 and Syed Saeed Hassan v.…

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