Law: Representation of the People Act, 1976

Section: 14,14(5)

Law: Representation of the People Act, 1976

Section: 14,14(5)

Representation of the People Act (LXXXV of 1976)-------Ss. 14, 62 & 67---Conduct of General Elections Order (7 of 2002), Art.8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ineligibility of candidate to contest election---Election Tribunal declared petitioner ineligible to contest election---Main ground for declaring petitioner as ineligible was that Bachelor Degree annexed by him with his nomination papers being bogus and fictitious, he was not competent to contest the election---Controller and Deputy Controller of Examinations of University concerned, were summoned in order to verify the correctness of degree---Notification regarding B.A., B.Sc. Annual Examination, degree relied upon by the petitioner was of another candidate and not of the petitioner---Degree produced by petitioner in order to qualify himself as candidate for election was forged and fictitious---Petitioner, in circumstances was not qualified to be a candidate on the basis of said bogus degree either under Conduct of General Elections Order, 2002 or Representation of the People Act, 1976. Petitioner in person. Respondents Nos. 1 and 2 in person. Pir Liaqat Ali Shah, Advocate-General, N.-W.F.P. on notice. Date of hearing: 16th January, 2008. JUDGMENT MUHAMMAD ALAM KHAN, J.---The petitioner has called in question through the present Constitutional Petition the vires of judgment in Election Appeal No.37 of 2007 pronounced on 11-12-2007 in which the petitioner Muhammad Siraj was declared ineligible to contest the election as candidate for the Constituency PF-62 Kohistan-II in the forthcoming general elections. 2. The main ground for his declaring as ineligible was that the Bachelor degree annexed with nomination papers by the petitioner was bogus, fictitious and therefore, he was not competent to contest the election. 3. The background of the case is that the petitioner filed nomination papers for PF-62 Pallas Kohistan on 26-11-2007; the learned Returning Officer on 27-11-2007 while scrutinizing the papers passed the following order:--- "I have examined the nomination paper in accordance with the provisions of section-14 of the Representation of People Act 1976 and…

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