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(e),225,190

Representation of the People Act (LXXXV of 1976)-------S. 99(1)(F)---Conduct of General Election Order (7 of 2002), Art.8-A---Constitution of Pakistan (1973), Art.62(d)(F), 63(a) & 199---Constitutional petition---Disqualification of candidate---Nomination papers submitted by respondent for candidature for the seats of Provincial and National Assembly, had been accepted by Returning Officer despite objection raised by the petitioner as to respondent's disqualification due to his lacking required educational qualification---Appeal filed by the petitioner against acceptance of Nomination papers of respondent having been dismissed by Election Tribunal, petitioner had filed constitutional petition against order of Election Tribunal---Validity---Respondent appeared in B.A. Annual Examination in the year 2002 and having been involved in a case of unfair means, was disqualified for a period of three years, he was, in circumstances not eligible to appear in any examination earlier than .year 2005---Respondent, however managed to appear in First Annual Examination 2003 by adopting deceitful means as he changed the spelling of his name---Fraud and forgery committed by the respondent was patent on the face of the record, which did not need any inquiry and investigation---Respondent, by no stretch of imagination, could be termed as sagacious, righteous, non-profligate, honest and ameen as provided in Art.62(1) of the Constitution, as well as S.99(1)(F) of Representation of the People Act, 1976 and could not be allowed to contest election---Even otherwise, the degree procured by respondent on the basis of examination in the year 2003, had since been cancelled by the University---Accepting petition filed by the petitioner, order of the Election Tribunal was set aside by High Court and it was declared that respondent was not qualified to contest the election due to lack of educational qualification etc., as provided in terms of S.99(1)(F) of 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 rel. Saif-ul-Malook, Abid Saqi and Ch.…

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