Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)---Ss. 14 & 99---Constitution of Pakistan, Art. 63---Disqualification---Scope---Once there is a disqualification, it is always disqualification. Mian Najib-ud-Din Owaisi v. Amir Yar Waran PLD 2013 SC 482 ref. (b) Representation of the People Act (LXXXV of 1976)---Ss. 12, 14 & 99---Constitution of Pakistan, Arts. 13, 62 & 185(3)---Disqualification of candidate---Double jeopardy, principle of---Applicability---Candidate was declared to be disqualified in previous elections on the ground of holding fake and bogus educational degree---Returning Officer on the basis of previous disqualification, again declared the candidate disqualified---Plea raised by candidate was that disqualification on the basis of previous decision of Election Tribunal as well as Supreme Court would amount to double jeopardy, which was not permissible under the Constitution---Validity---Disqualification of candidate was perpetual and not time related---Candidate had submitted fake and bogus documents in order to become Member of Parliament and he had not only played fraud on electors of his constituency but he had also cheated Returning Officer to believe him to be graduate on the basis of fake and forged documents and such person could not be trusted to lead nation as a legislator---Candidate failed to meet the criteria set out for proposed candidates under Art.62(d)(f) of the Constitution and S.99(1)(d)(e)(f) & (g) of Representation of the People Act, 1976---High Court had rightly accepted Constitutional petition and rejected nomination papers of the candidate---Supreme Court declined to interfere in the orders passed by High Court---Petition was dismissed in circumstances. Obaidullah v. Mir Muhammad Ali Rindh and others PLD 2012 Bal. 1; Muhammad Khan Junejo v. Fida Hussain Dero and others PLD 2004 SC 452 and Malik Iqbal Ahmad Langrial v. Jamshaid Alam and others PLD 2013 SC 179 ref. JUDGMENT IJAZ AHMED CHAUDHRY, J.---By way of this constitutional petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, Muhammad Khan Junejo, petitioner, seeks leave to appeal against the judgment dated…

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