Law:

Section:

Constitution of Pakistan--- ----Arts. 63(1)(n) & 62---Representation of the People Act (LXXXV of 1976) 14 & 12--Disqualifications for membership of Majlis-e-Shoora (Parliament)----Appellant impugned the acceptance of the Nomination Papers of the respondent on the ground that the respondent was a deserter from the Pakistan Air Force and his educational degrees were not genuine, therefore, he was disqualified under Art.63 of the Constitution---Validity----Respondent showed documentary proof that he was retired from the service of Pakistan Air Force, therefore the contention of the appellant was repelled---Appellant had also failed to bring on record any decision of a court of law on the educational degrees of the respondent, and in absence of the same, the educational degrees of the respondent could not be declared to be non-genuine---Appeal was dismissed. Malik Saleh Muhammad Gunjial v. Kamran Elahi Bandial and others 2008 SCMR 1 ref. JUDGMENT MAMOON RASHID SHEIKH, J.--Through this single order we intend to decide E.A. No.25 of 2013 and Election Appeal No.51 of 2013 as common questions of law and facts arise therein. 2. The brief facts giving rise to these appeals are to the effect that the appellants in both appeals have been declared as validly nominated candidates to contest the forthcoming elections to the Constituency PP-40, Khushab-II. Both appellants are aggrieved of the orders of the learned Returning Officer PP-40 whereby the nomination papers of the both appellants have been accepted. For the sake of convenience the appellant in Election Appeal No.25 of 2013 shall be referred to as "the appellant" hereinafter and the appellant in Election Appeal No.51 of 2013 shall be referred to as "respondent No.2". 3. The learned counsel for the appellant submits that respondent No.2 is disqualified to be elected or chosen as a member of the Provincial Assembly as firstly he is deserter from the Pakistan Air Force and has been so adjudged through the judgment of the Hon'ble Supreme Court reported as "Malik Saleh Muhammad Gunjial v. Kamran Elahi Bandial and others" (2008 SCMR 1). The appellant is, therefore, permanently disqualified from contesting elections…

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