Law:

Section:

Representation of People Act (LXXXV of 1976)------S. 52---Election petition---Election of returned candidate/respondent was challenged by petitioner/unsuccessful candidate on sole ground that returned candidate was not qualified to contest election as he was not graduate and that certificate and degree issued in his favour were manipulated documents which fact had not been proved by petitioner--­Concerned Educational Authorities issuing said certificate/degree appeared before Election Tribunal and authenticated genuineness of said documents---Petitioner had also acquired knowledge that certificate and degree issued in favour of respondent/returned candidate were not bogus, but despite that he declined to withdraw Election petition---Election Tribunal, in circumstances had found it a fit case to impose costs upon petitioner---Election petition, in circumstances, was dismissed with heavy costs. Irfan Ahmed for Petitioner. Abdul Inam for Respondent No. 1. Date of hearing: 20th September, 2003. JUDGMENT Through this election petition petitioner has challenged the election of the respondent No. 1, who was declared as returned candidate from the Constituency PS-30 Khairpur-II. 2. The facts as pleaded in the petition are that the respondent No. 1 has filed his nomination paper alongwith the degree which was issued to him in the year 1988 by the Karachi University. The petitioner objected to the academic qualifications of the respondent No. 1, before the Returning Officer, who after hearing the parties overruled the objections of the petitioner. The petitioner preferred appeal under section 14(5) of the Representation of People Act, 1976, which appeal was dismissed against which the petitioner p referred Constitution petition before the Division Bench of the High Court. 1t appears that same was disposed of and the Leave Petition before the Honourable Supreme Court was also refused with the observation that the petitioner may seek remedy before the Election Tribunal. 3. It was further pleaded in the petition that the Matric Certificate of the respondent No. 1 was a forged document and on account of the influence of his father, the respondent No. 1 has procured his…

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