Law:

Section:

Conduct of General Elections Order, 2002 [Chief Executive's Order No.7 of 2002]--------Arts. 8-A & 11(2)(e)---Senate (Election) Act (LI of 1975), S.13(5)(6)---Senate election---Educational qualification of candidate--­Acceptance of nomination papers of respondent on the basis of a letter issued by a foreign school of communication---Contention of appellant was that such letter could not be termed as degree of B.A., rather same was mere an intimation---Validity---Educational qualification of candidate was prerequisite for contesting senate election---Contention of respondent that simple statement by candidate for educational qualification would be sufficient to fulfil requirement of law and no certificate was required to be produced, had no force---Higher Education Commission (University Grants Commission) had opined that status of degree could not be authenticated through a letter in absence of degree---Such letter postulated that respondent had completed requirement of B.A. Degree in communication, and diploma would be awarded within six months---Such letter nowhere mentioned that respondent had cleared his graduation and was possessing Degree of Bachelor in any subject---Respondent showed his inability to produce at least a letter from the University to the effect that he had cleared his graduation certificate in this regard would be issued to him in due course time---Respondent was not possessing a Graduation Degree as required by law, thus, was disqualified under Art. 8A of Conduct of General Elections Order, 2002---Election Commission set aside impugned order and rejected nomination papers of respondent. Ejaz Ahmed Shaffi v. Federation of Pakistan and others C.P. No.1615 of 2002; Zafarullah Khan Domki v. Saleem Jan Khan Mazari and others C.P. S. No 1658 of 2002; Syed Ali Bux Shah v. The Election Tribunal and others C.P. No.1626 of 2002; Abubakar Shekhani v. The Election Tribunal and others C. P. No. 1673 of 2002; Ghulam Akbar Lasi and others v. Returning Officer for NA-270 Awaran-cum-Lasbella at Uthal and another PLD 2003 Quetta 1 and Waqas Akram v. Dr. Muhammad Tahirul Qadri and others 2003 SCMR 145 distinguished. S. Zafar Ali Shah for Appellant. Agha…

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