Law: Representation Of People Act, 1976

Section: 12

Law: Constitution of Pakistan, 1973

Section: 62 & 63

Representation of the People Act (LXXXV of 1976)-------S. 12--- Constitution of Pakistan (1973), Arts. 62 & 63---Candidate for National Assembly---Rejection of nomination papers on the ground that candidate did not have adequate knowledge of Islamic teachings ---Validity--� Returning Officers were under obligation to test whether candidates had adequate knowledge of Islamic teachings and that they qualified other provisions of Art.62 as well and that they did not suffer from any disqualification as prescribed under Art.63 of the Constitution---Candidate was not required just to profess Islam but under the Constitution, he was expected to practise Islam and for such reason different provisions including Arts.62 & 63 were included in the Constitution---Returning Officer would be well within rights to ask questions about prayers, payment of Zakat,,performance of Hajj, his ability to recite Holy Qur'an besides finding out that candidate was not guilty of commission of major sins and was not involved in anti-social activities---Purpose of Arts.62 & 63 of the Constitution and S.12, Representation of the People Act, 1976 is to ensure that candidate is a good Muslim---Returning Officer must record statement of candidates in form of questions and answers so that such statement was available for appreciation in appeal---Candidate's nomination papers were, however, accepted.ORDER The relevant facts for the decision of this appeal are that the appellant is a candidate for NA-58, Faisalabad-II in the forthcoming general election, which is scheduled to be held on 3rd February, 1997. He filed the nomination papers on 21-12-1996, which came up for scrutiny, on 26-12-1996. The learned Returning Officer asked him certain questions about Holy Book, Angels and the Last Day of Judgement but he could trot make correct answers to all of them the learned Returning Officer held that he does not have adequate knowledge of Islamic teaching, therefore, not qualified under Article 62(e) of the Constitution of Islamic Republic of Pakistan, 1973 hereinafter to be referred as Constitution of 1973), therefore, rejected his nomination vide order dated 26-10-1996, which has…