Law: Constitution of Pakistan, 1973

Section: 62,63,199

Constitution of Pakistan, 1973-- ----Arts. 62, 63 199--Constitutional petition--Disqualification of respondent to contest elections--Retrospective effect--Non-availing of remedy before election tribunal--Maintainability--As petitioner’s B.A. degree has been cancelled, hence, Respondent No. 1 may be directed to de-notify petitioner by declaring him as disqualified permanently to contest elections with retrospective effect has not disclosed the provision of law under which this Court is obliged required to refer the matter to the ECP to declare the respondent as disqualified with retrospective effect especially when the petitioner himself has not approached said forum before approaching this Court--Besides, as some disputed facts are involved in matter requiring deeper appreciation, which cannot be decided in a summary manner, therefore, this Court is not inclined, to issue direction to ECP in terms of prayer of petitioner--Petition dismissed. ORDER Through this constitution petition the petitioner has prayed as under: “In these circumstances, it is most respectfully and humbly prayed that while declaring Respondent No. 03 to be disqualified permanently in terms of Articles 62 and 63 of the Constitution of the Islamic Republic of Pakistan, 1973 on account of his using the pseudonymous, fake and forged degree of B.A. Examination, making false statement and on its basis posing himself to be a graduate and thereby contesting the general elections 2002 and 2013 respectively as stated above and the Election Commission of Pakistan, Respondent No. 01 may also please be directed to de-notify Sayyed Ali Hasan Gilani, Respondent No. 03 from the date when he for the first time entered upon his office in the years 2002 and 2013 accordingly and to initiate all legal proceedings against him including the recovery of entire financial benefits, privileges, perks, remuneration etc. so received by him for the whole period of his holding the office of the M.N.A. for both of the tenure of the National Assembly after the general elections of 2002 and 2013 respectively in the largest interest of justice and for maintaining and upholding the rule and majesty of law in letter and…

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