| Citation(s) |
|---|
| 2012 SLG 469 2012 SLD 469 2012 CLC 449 |
Election Tribunal, Lahore
Election Petition No.136 of 2008, heard on 22-06-2011
JUSTICE SH. AZMAT SAEED, ELECTION TRIBUNAL
Election Petition No.136 of 2008, heard on 22-06-2011
JUSTICE SH. AZMAT SAEED, ELECTION TRIBUNAL
NAZAR MUHAMMAD FATIANAvsWALAYAT SHAH and 6 others
Law: Representation of the People Act, 1976
Section: 52,68,99(1)(cc),14(5),1(2)
Law: Representation of the People Act, 1976
Section: 52,68,99(1)(cc),14(5),1(2)
Representation of the People Act (LXXXV of 1976)-------Ss. 52, 68, 99(1)(cc) & 14(5)---Election petition---Provincial Assembly Election---Petitioner, who was one of the candidates called in question the said election, inter alia, on the ground that respondent (returned candidate) did not possess the requisite educational qualification to contest the election; that in view of letter from Punjab University dated 28-10-2002, he was disqualified from appearing in any examination before the annual examination of 2005; that in support of his educational qualification, while submitting his nomination papers, he relied upon the degree of Bechelor of Business Administration (BBA) allegedly issued by Al-Khair University, Azad Jammu and Kashmir with respect to session 2001-2003 and that not only he was disentitled to appear in the said examination in view of the letter of the Punjab University dated 28-10-2002 but also the BBA's degree from Al-Khair University of Azad Jammu and Kashmir was invalid, and not recognized as such in Pakistan by the Higher Education Commission---Petitioner prayed that election of returned candidate to the Provincial Assembly, be declared illegal and the petitioner be declared to be the successful returned candidate---Contention of the returned candidate was that an objection petition filed by another person about his educational qualification was decided in his favour and appeal thereagainst was also dismissed, thus, matter pertaining to his educational qualification had been finally settled by the said and present election petition was not maintainable---Validity---Petitioner was never arrayed or heard before the said was passed, in circumstances, by virtue of the principle of res judicata or otherwise, the petitioner could invoke the jurisdiction of Election Tribunal through the election petition---Disqualification imposed by the Punjab University and would be applicable to the examinations to be conducted by the said University and would not extend to any other University or be binding thereupon---Returned candidate was not debarred in law from sitting for an examination from any other University during the period of the…
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