| Citation(s) |
|---|
| 2003 SLG 833 2003 SLD 833 2003 SCMR 204 |
Supreme Court of Pakistan
Civil Petition No. 1623 of 2002, decided on 30th September, 2002. (On appeal from the judgment dated 14-9-2002 of the Lahore High court, Lahore, passed in Writ Petition No. 16652 of 2002)
QAZI MUHAMMAD FAROOQ, RANA BHAGWANDAS AND ABDUL HAMEED DOGAR, JJ
Ishan-ul-Haq Chaudhry, Advocate Supreme Court for Petitioner. Nemo for
Respondents
Civil Petition No. 1623 of 2002, decided on 30th September, 2002. (On appeal from the judgment dated 14-9-2002 of the Lahore High court, Lahore, passed in Writ Petition No. 16652 of 2002)
QAZI MUHAMMAD FAROOQ, RANA BHAGWANDAS AND ABDUL HAMEED DOGAR, JJ
Ishan-ul-Haq Chaudhry, Advocate Supreme Court for Petitioner. Nemo for
Respondents
INTISAR HUSSAIN
VS
AKHTAR HUSSAIN and 4 others
Law: Representation of the People Act, 1976
Section: 99(1)(cc)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Conduct of General Elections Order (7 of 2002)
Section: 8A
Representation of the People Act (LXXXV of 1976)-- --S.99(1)(cc)---Conduct of General Elections Order [Chief Executive's Irder No.7 of 2002], Art.8-A---Constitution of Pakistan (1973). Art. 185(3)---Academic qualification---Verification of degree---Nomination Japers of the petitioner were rejected by the Authorities on the ground that lie Graduation degree relied upon by the petitioner was found to be bogus--- High Court also maintained the findings of the Authorities below---Report submitted by the University in response to the letter sent by the Returning Officer for verification of the petitioner's degree was looked into by Supreme Court and it was found that the degree was bogus and a case of unfair means of impersonation had also been registered against him---Contention of the petitioner was that the act of impersonation was done with the intention to deprive the petitioner from contesting the election---Validity---Contention of the petitioner had further confirmed that the petitioner was not a previous Graduate but attempted to get a degree by unfair means in order to contest election---No exception to the concurrent findings of fact by two Courts on the degree being bogus having been found, leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J.---The petitioner has sought leave to appeal against the judgment dated 14-9-2002 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby Constitutional Petition No. 16651 of 2002 filed by petitioner Intisar Hussain was dismissed. 2. The petitioner had filed nomination papers for contesting election from Constituency 103-Hafizabad-11. During the scrutiny of the nomination paper by the Returning Officer, an objection was raised by respondent No. l that the BA Degree produced by the petitioner was bogus. Respondent No.3, Returning Officer, asked for the verification of the said degree from the University of Punjab, Lahore, and the Assistant- Controller (Certificates), University of Punjab, Lahore, vide letter dated 30-8-2002 reported that the degree was found bogus as in the main Gazette Notification, the result of the petitioner was cancelled. On the basis of such report, his nomination…
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