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

Section: 8A

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

Section: 8A

Law: Constitution of Pakistan, 1973

Section: 62(d)(f),63(s),225,190

Representation of the People Act (LXXXV of 1976)--- ----S. 99(1)(f)(cc)---Conduct of General Elections Order (7 of 2002), Art.8-A---Constitution of Pakistan (1973), Arts. 62-F & 199---Constitutional petition---Educational qualification of a candidate for election of Provincial Assembly/National Assembly---Candidate had been guilty of fraud by hoodwinking the University authorities in procuring a degree by hook or by crook and had not exhibited a very enviable conduct---University authorities had cancelled the degree so obtained--Candidate had not only tried to cheat and practise deception upon Election Authorities but had also tried to steal a march on the Court---Held, by no stretch, of imagination could the candidate be termed as sagacious, righteous non-profligate, honest and Ameen as provided by Art.62-F of the Constitution as well as S.99(1)(f) of the Representation of People Act, 1976 and consequently could not be allowed to contest elections---Constitutional petition against acceptance of his nomination papers was accepted by the High Court as there was hardly any dispute left to be inquired into or investigated upon---Order of the Election Tribunal was set aside and candidate was declared to be not qualified to contest election due to lack of educational qualification etc. as provided for in terms of S.99(1)(f)(cc), of the Representation of the People .Act, 1976. Intisar Hussain v. Akhtar Hussain and 4 others 2003 SCMR 204 and Ch. Nazir Ahmad and others v. Chief Election Commissioner and 4 others PLD 2002 SC 184 ref. ORDER Through this order we intend to dispose of Writ Petitions No.11871/2007, 11872/2007, 11920/2007 and 11984/2007. 2. Briefly stated the facts of the case are that respondent No.1 offered his candidature for the seat of Provincial Assembly PP-107 and National Assembly NA-103 and submitted his nomination papers which were accepted by the Returning Officer despite objection raised by the petitioner as to the respondent's disqualification in terms of Article 8-A of the Conduct of General Elections Order, 2002 as he was larking requisite educational qualification. Appeal filed by the petitioner against acceptance of nomination papers of…

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