Law: Representation of the People Act, 1976

Section: 99(1)(cc),14,14(5)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---High Court in exercise of jurisdiction vested under Art.199 of the Constitution can neither enter into factual controversies nor decide disputed questions of facts. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 14 & 99(1)(cc)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Factual controversy---Degree of B.A.---Verification---Respondent was declared returned candidate and petitioner assailed his candidature on the ground of not possessing requisite educational qualification---Contention of petitioner was that B.A. degree of respondent was bogus---Validity---Objection on degree of respondent should have been raised at the time of scrutiny of nomination papers as enunciated by S.14 of Representation of the People Act, 1976 and such candidate might have preferred appeal under S.14(5) of Representation of the People Act, 1976, against decision of Returning Officer rejecting or accepting nomination papers of candidate to Election Tribunal constituted for the constituency to which nomination related---Petitioner having failed to raise objection on nomination of respondent at the time of scrutiny of nomination papers could not agitate the same in constitutional petition---Letter issued by the University concerned, on which the entire case of petitioner was based, had to be proved by petitioner by adducing evidence---Such exercise of proving the letter could not be undertaken in proceedings under constitutional jurisdiction---Petitioner might seek his remedy at the proper available forum---Petition was dismissed in circumstances. ORDER The grievance voiced by the petitioner in the present constitutional petition is that respondent No.1 be declared disqualified from contesting the general election and becoming a member of the National Assembly, the candidature and unofficial election of respondent No.1 be declared illegal, unlawful, null, void and of no legal effect as respondent No.1 does not possess the requisite qualification as required by section 99(1)(cc) of the Representation of the People Act, 1976 (Act No.LXXXV…

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