Law:

Section:

Representation of People Act (LXXXV of 1976)---S. 99(1)(cc)---Conduct of General Elections Order (7 of 2002), Art.8A---Constitution of Pakistan, Art. 62(1)(f)---Election petition---Fake degrees presented for contesting elections---Power of Court/Tribunal to declare a person as not sagacious, righteous or ameen for purposes of being elected or chosen as member of Parliament---Scope---Election Tribunal declared the appellant a person who was neither righteous nor honest and ameen on the grounds that; firstly, he was declared an imposter by the Provincial Election Tribunal regarding his claim of educational qualification at the time of elections held in the year 2002; secondly, he was not holder of a sanad (degree) from a madrassa recognized by the Higher Education Commission; thirdly, two sanads (degrees) of Deeni Madrassa (religious education institution) presented by him in the elections held in the year 2008 were fraudulently manufactured through dishonest means of forgery and fabrication; and lastly, he had not passed the two additional subjects as per law laid down by the Supreme Court---Validity---Regarding elections held in the year 2002, Provincial Election Tribunal had concluded that appellant was not a graduate and filed fake educational documents to pose himself a graduate to overcome the disqualification provided under S.99(1)(cc) of Representation of the People Act, 1976---During the elections held in the year 2008, appellant produced two sanads (degrees) of Deeni Madrassa (religious education institution) to substantiate that he held a Bachelor's degree to become eligible to contest the election, however after thorough examination of record and evidence, Election Tribunal held that both the sanads (degrees) were the result of forgery and fabrication---Appellant also could not produce any documentary evidence to prove his claim that he had passed the two additional subjects as per law laid down by the Supreme Court---Under Article 62(1)(f) of the Constitution there was no restriction upon the Court/Tribunal to declare any person to be not sagacious, righteous or ameen---Admittedly the appellant had used fake documents not only in the year 2002 but…

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