Law:

Section:

Representation of the People Act (LXXXV of 1976)------Ss. 14(5) & 99(1)(cc)---Qanun-e-Shahadat (10 of 1984), Art.164--­Acceptance of nomination papers---Appellant, a rival candidate, had challenged acceptance of nomination papers of respondent on ground of lack of requisite qualification i.e. Bachelor's Degree to contest elections--­Respondent in his nomination papers had shown his educational qualification as a Bachelor of Business Administration from a foreign institution--­Commission appointed by Court, to verify foreign degree of respondent, contacted the Registrar of said Foreign Institution through Fax or internet and reply received from the Registrar of Foreign Institution was to the effect that respondent was enrolled for one semester only, but he was not granted any type-of degree or diploma from the said institution---Respondent raised objection to the admissibility of report received through Fax or Internet, but same were rejected in view of the fact that under Art. 164 of Qanun-e-­Shahadat, 1984 Court could allow and use any evidence that was available through modern devices or techniques---Computer technology being a "modern technique" was well within ambit of Art. 164 of Qanun-e-Shahadat, 1984---Information received from the Competent Authority of Foreign Institution concerned, could be considered especially when same was further verified through Commission appointed by High Court---Respondent had fully been proved, to have never received Degree of Bachelor of Business Administration and that degree produced before Returning Officer was a fake document---Respondent was not eligible to contest election as he lacked basic educational qualification i.e. Bachelor's Degree in terms of S.99(1)(cc) of Representation of the People Act, 1976. Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1976 SC 56 ref. ORDER Through this appeal the acceptance of Nomination Papers of respondent Mahmood Shaukat Bhatti has been challenged on the ground that he lacks the requisite academic qualification i.e. Bachelor's Degree to contest the elections. 2. The learned counsel for the appellant submitted that respondent in the Nomination Papers filed in the last…

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