Law: Constitution of Pakistan, 1973

Section: 63,62,199

Law: Constitution of Pakistan, 1973

Section: 63,62,199

Law: Representation of the People Act, 1976

Section: 99,14,12

(a) Constitution of Pakistan-------Arts. 63, 62 & 199---Representation of the People Act (LXXXV of 1976), Ss 99, 14 & 12---Constitution of Pakistan, Art.199---Constitutional petition---Disqualifications for membership of Majlis-e-Shoora (Parliament)---Nomination papers of the petitioner were accepted by the Returning Officer, however, Election Tribunal ordered that the said nomination papers be rejected on ground that petitioner had contested the last election on the basis of forged/fake degree and that while serving as a Minister, he had diverted public funds for his personal use---Validity---Petitioner had placed reliance on a sanad, during the last elections, which he stated was equivalent to a Bachelors degree, and it was held by the Supreme Court to be not equivalent to a Bachelors degree---Respondents had referred to Government correspondence with regard to petitioner (as Minister) using Scholarship-in-aid funds to finance education of his own children, and such correspondence had not been rebutted logically or with seriousness by the petitioner, which led the High Court to conclude that the correspondence did take place and amounts were provided to the petitioner for personal use from the public Exchequer---Petitioner, in view of such conduct could not be stated to be of good character or one who did not violate Islamic Injunctions or who was righteous or honest or ameen---Article 62 of the Constitution and S.99 of the Representation of the People Act, 1976 forbade such a person to be elected or chosen as Member of Parliament---Islam required a person to abide by the laws of the place he/she lived in and did not permit encroachment upon rights of others and by putting himself forward as a candidate, when he was not qualified, he violated the law and rights of those who had abide by the law---Rights of voters were also violated as they were deceived into believing that he had the required educational qualifications---Petitioner had lied on oath and gained advantage by his lie, which was yet another contravention of Islam's stipulated rights of the people or Haqooq-ul-lbad---Petitioner had diverted funds for his personal use, which neither the law or Islam…

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