Law: Representation of the People Act, 1976

Section: 103AA(4)

Law: Constitution of Pakistan, 1973

Section: 62(1)(f),184(3),185(3),199,218(3),225

Representation of People Act, 1976 (LXXXV of 1976)-- ----S. 103-AA(4)--Constitution of Pakistan, 1973, Arts. 199, 184(3) & 185(3) petitioner was contested elections for provincial Assembly and declared as returned candidate--Application filed by respondent that petitioner be de-notified on basis of false testimonials--Withdrawal of Notification by Election Commission--Filling of writ petition--Dismissed--Verification of testimonials found fake--Lack of qualification--Question of--Whether petitioner was disqualified or not qualified for being a member of Provincial Assembly--Determination--Jurisdiction--Challenge to--It is now settled law that in case a person suffering from a pre-election disqualification or lack of qualification slips through net at time of scrutiny of Nomination Papers, and no application having been filed with ECP immediately after elections and thereafter, no Election Petiton filed after elections before learned Election Tribunal, it does not mean that disqualification has been cured or that missing qualification has been acquired by flux of time--This Court has repeatedly held that in such an eventuality Constitutional jurisdiction of learned High Court under Article 199 of Constitution and of this Court under Article 184(3) of Constitution can always be invoked and exercised to implement law and determine lack of qualification or disqualification of a Member of Parliament--No technical barrier can be erected to restrain this Court from exercising its jurisdiction, in this behalf--Such jurisdiction has been repeatedly exercised by this Court in a host of different circumstances--In terms of law as settled by this Court in its various pronouncements, Appellant/ Petitioner having made a false declaration in his Nomination Papers was neither honest nor ameen, and, therefore, not qualified in terms of Article 62(1) of Constitution--It was requirement of law that a candidate must be a graduate to be eligible to contest elections--Appellant/Petitioner submitted his Nomination Papers--Though, it is case of private Respondent and ECP that Appellant/Petitioner claimed to possess requisite educational qualification on basis of a B.A--Degree…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492