Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------S. 99(1)(cc)(d) & (e)---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider whether High Court had not taken notice of the certificate issued by Higher Education Commission declaring degree of respondent as invalid. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 99(1)(cc)--- University External Candidates Examination Regulations, 1987, Regln. 2---Qualification of candidate---Proof---Respondent was elected as Member of National Assembly and petitioner assailed his office before High Court, on the ground that respondent did not have required qualification and his degree of B.A. was forged and fake---High Court, in exercise of Constitutional jurisdiction, dismissed the petition---Plea raised by petitioner was that Assistant Controller of examination had declared the degree of respondent as invalid---Validity---Assistant Controller of examination, in law, did not have the authority to invalidate a degree secured by a candidate from the university after he was declared to have been passed his B.A. (Pass) examination---Assistant Controller had exceeded his authority by invalidating the degree issued to respondent by the university on the ground that B.A. (Pass) Part-II examination passed by respondent by appearing in both parts of B.A. (Pass) examination in the same year was violative of S. 2 of University External Candidates Examination Regulations, 1987--- No material was placed on record to substantiate that such violation of rules of a university entailed penalty of invalidation of the degree---University authorities had confirmed that B.A. (Pass) degree secured by respondent was neither forged nor invalid and respondent on the strength of such degree of B.A. (Pass) Part-II had passed in his M.A. examination---Supreme Court declined to interfere in the passed by High Court---Appeal was dismissed. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 99(cc)---Disqualification---Penalty---Principles---Disqualification clause under S. 99(cc) of Representation of the People Act, 1976, entails penalty which is attracted only if it is…

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