Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 14 & 52---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election for Provincial Assembly---Academic qualification of candidate---Nomination papers, acceptance of---Validity---Petitioner claimed to have obtained Bachelor's Degree in year 1991 which in fact had been allotted to a girl student and not to petitioner---Petitioner had appeared in B.A. Annual Examination 2002, but a case of unfair means of impersonation was registered against him and he was disqualified to appear in any Examination till year 2005---Petitioner's plea that he appeared in 2003 Examination and qualified, but degree was issued to him in year 2005, seemed to be unfounded---Petitioner had been attempting through unfair means to obtain Bachelor's Degree, but all in vain---Supreme Court rejected nomination papers of petitioner in circumstances. Ayatullah Dr. Imran Liaquat Hussain v. Election Commission of Pakistan, Islamabad and another PLD 2005 SC 52; Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396; Muhammad Safdar Abbasi v. Aamir Yar Malik and others 2004 SCMR 1602; Ch. Nazir Ahmed and others v. Election Commissioner and others PLD 2002 SC 184; Intisar Hussain v. Akhtar Hussain 2003 SCMR 204; Tariq Mahmood v. District Returning Officer, Faisalabad and others 2001 SCMR 1991 and Ghulam Mustafa Jatoi v. Additional District and Sessions Judge-Returning Officer and others 1994 SCMR 1299 ref. (b) Constitution of Pakistan (1973)--- ----Arts. 225 & 199---Election dispute---Constitutional petition---Maintainability---Orders passed by election authorities, if outside ambit of law, would not be immune from challenge before High Court under Art.199 of the constitution---Principles. Orders passed even by election authorities, which are outside the ambit of law, are not immune from challenge before and correction by the High Court under Article 199. When validity of election is not challenged and the matter primarily relates to the competency and qualification or otherwise of a person to be a candidate in the election, the bar contained in Article 255 would not be attracted and it…

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