Law:

Section:

Election Act, 2017-- ----S. 113(2)--Constitution of Pakistan 1973, Art. 199-Constitutional Petition--Filling of nomination papers for seat of Technocrats--Rejection of nomination papers--Basic requirement--Verification of degree--Appreciation of facts--Challenge to--Basic requirement to bring a candidate within ambit of technocrat to contest election for Senate would be holding of a degree which required at-least 16 years education for its conclusion--It is with an addition that such degree must be recognized by Higher Education Commission--While second requirement is to have at least twenty (20) years of experience--It is with an addition of having record of achievement National or International level of such experience--Field in which such experience is required not specified in law--Contents of impugned orders spelt out facts that relevant papers pertaining to his educational qualification were not produced in original neither before Returning Officer, nor before Tribunal--Requisite recognition from Higher Education Commission was also missing--Though original degrees of Bachelors and Masters were produced before this Court, which were returned after perusal, but were of less help for want of necessary verification--Returning Officer (Provincial Election Commissioner) in short, while Tribunal in detail considered all relevant facts and papers placed before them, and in correct appreciation of facts and law arrived to a decision not suffered from any errors--Thus in absence of any illegality or serious irregularity on part of referred to forums there is no occasion to exercise extra ordinary jurisdiction, by this Court, and to reverse findings--Civil Petition was dismissed. PLD 1986 SC 200 & 2000 SCMR 250, ref. Election Act, 2017-- ----S. 2(xxix)--Technocrats-- "Section 2 (xxxix)--- technocrat means a person who : (a) holds a degree requiring conclusion of at least sixteen years of education recognized by Higher Education Commission; and (b) has at least twenty years of experience including a record of achievement at national or international level;" THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, J.- The petitioner Islam Hussain son of Islam Saleem…

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