Law:

Section:

Senate (Election) Act (LI of 1975)-------Ss. 34 & 47---Constitution of Pakistan (1973), Art.62(c)---Election of Senate---Age---Determination---Principles---Entries in educational certificates and national identity card---Scope---Petitioner assailed election of respondent on the ground that at the time of filing of nomination papers he was less than thirty years of age---Petitioner produced an official of NADRA who stated that respondent had used redundant National Identification. Card to conceal his genuine age---Respondent produced his father as his witness and also produced decree passed by court of competent jurisdiction declaring correct age of respondent, which decree had attained finality---Validity---Neither entry in educational certificates nor in identity card was conclusive-evidence of date of birth---Official produced by petitioner himself admitted that date of birth mentioned in his record was not conclusive evidence of actual date of birth---Effect---When Authority itself did not claim correctness of date of birth recorded in identity card, then Election Tribunal was left with the only evidence which was that of the father of respondent, who had narrated not only date of birth of respondent but also dates of birth of his other children---Held, since at the tune of filing of nomination papers, respondent was not less than thirty years of age, he was qualified to contest election and did not suffer disqualification in terms of Art.62 of the Constitution and Senate (Election). Act, 1975---Petition was dismissed in circumstances. Bakhtawar and others v. Amin and others 1980 SCMR 89; Sarli Gul v. Fayyaz Ahmed and others PLD 2004 SC 485; Abdul Khaliq and another v. Maulvi Muhammad Noor and others PLD 2005 SC 962; Mst. Razia Khatoon through legal heirs v. Dr. Roshan H. Nanji and another 1991 SCMR 840; Tehmash Khan and another v. Gohar Ali and 13 others PLD 2004 Pesh. 202; Syed Akhtar Hussain Zaidi v. Muhammad Yaqinuddin 1988 SCMR 753; Zulfiqar Ali v. Haji Kamal Hussain and 27 others 1995. CLC 1383; Naheed Usmani v. Mst. Anwari Begum 1991 CLC 1774; Master Muhammad Yaseen v. Moeenuddin 1990 CLC 703; Nath Roy and others v. Jyotish Chandra Acharya…

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