Law: Representation of the People Act, 1976

Section: 99(1)(cc),99

Law: Election Commission Order, 2002

Section: 9B,6

Law: Conduct of General Elections Order (7 of 2002)

Section: 8A,4,8

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 99(1)(cc)---Conduct of General Elections Order [7 of 2002], Art.8-A---Notifications No.D.2(11)/2002-Cord, dated 25-7-2002 and F.2(11)/2002/Cord, dated 29-7-2002---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational qualification of candidate---Equivalence---Nomination papers of candidate were concurrently rejected by Returning Officer as well as by Election Tribunal on the ground that candidate did not possess qualification equivalent to BA---Validity---Institution/seminary which statedly issued "Sanad" to candidate did not figure in the list of institutions recognized by University Graiits Commission for issuing Asnad equivalent to BA degrees---Neither the Sanad on the basis of which candidate was claiming herself to be a graduate was recognized nor the institution which had issued the "Sanad" in favour of candidate was an approved/recognized seminary---High Court did not find any illegality, irregularity or jurisdictional error in the orders passed by the forums below whereby nomination papers filed by candidate were rejected---Constitutional petition was dismissed in circumstances. Moulana Abdullah v. Returning Officer and others 2003 SCMR 195 and Abdul Khaliq and another v. Maulvi Muhammad Noor and others PLD 2005 SC 962 rel. (b) Conduct of General Elections Order [7 of 2002]--- ----Art. 8-A---Notification No.F.2(11)/2002-Cord, dated 29-7-2002---Term "forthcoming general elections"---Applicability---As such the term used in Notification No.F.2(11)/2002-Cord, dated 29-7-2002, is relatable to general elections which were held in year, 2002---Benefit of direction/concession mentioned in the Notification cannot be stretched or extended for general elections to be held for all times to come. IInd Edn. of Legal Thesaurus by William C. Burton; Chambers 21st Century Dictionary and Oxford Advanced Learner's Dictionary ref. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 99---Qualified to contest election---Onus to prove---Candidate claiming himself/herself to be qualified to contest general election has to show that he/she is qualified to contest such…

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