Case Details

Citation(s)
2004 SLG 1140 2004 SLD 1140 2004 SCMR 1238
Supreme Court of Pakistan
Civil Petition No. 1925(L) of 2003, decision dated: 19-04-2004.(On appeal from the judgment of the Lahore High Court, Lahore, dated 27 5 2003 passed in W. P. No.6959 of 2003)
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
A.K. Dogar, Senior Advocate Supreme Court and Ozair Chughtai, Advocate on-Record (absent) for Petitioner. Nemo for
Respondents

Sardar MUHAMMAD ASLAM

VS

ADDITIONAL DISTRICT AND SESSIONS JUDGE and others

Law:

Section:

Punjab Local Government Elections Rules, 2000 --- Rr. 70, 71 & 72 Constitution of Pakistan (1973), Art.185(3) & 37(b) Academic qualification required for contesting election of Nazim/Naib Nazim of a Union Council Candidate lacked the requisite qualification of matriculation and there were allegations of forgery, fraud and fabrication against him Evidence on record proved that candidate was not qualified to contest election being non matriculate and besides that Matriculation certificate was never issued in favour of the candidate by the relevant authorities Factum of fraud and fabrication being question of fact had rightly been determined, after having taken into consideration the entire evidence by Election Tribunal and affirmed by the High Court by means of impugned which being well based did not admit interference Judgment of High Court reflected an absolutely fair analysis and evaluation of the evidence and was strictly in accordance with the settled principles of justice in such like cases Supreme Court while dismissing the petition for leave to appeal observed that it was bounden duty of the State to remove illiteracy and provide free and compulsory education within minimum possible period as contemplated in Art.37(b) of the Constitution. JUDGMENT JAVED IQBAL, J. --This petition for leave to appeal is directed against the judgment, dated 27 5 2002 passed by learned Single Judge of Lahore High Court, Lahore in Chambers whereby Writ Petition bearing No.6959 of 2003 preferred on behalf of the petitioner has been dismissed and the order of learned Additional District and Sessions Judge, Okara/Election Tribunal for Tehsil Chunian, District Kasur dated 9 5 2003 whereby election petition of respondents Nos.2 3 was accepted and the election of the petitioner was declared void for lack of his requisite academic qualification has been kept in tact. 2. Precisely stated the facts of the case are that "respondents Nos.2 and 3 called in question the election of Union Council Kull in which Sardar Muhammad Aslam (petitioner) and Akbar Ali were declared returned candidates for the office of Nazim and Naib Nazim. Respondent No.2 in his election petition stated that…
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