| Citation(s) |
|---|
| 2010 SLG 2680 2010 SLD 2680 2010 PLD 817 |
Supreme Court of Pakistan
Civil Petition No. 287 of 2008, decided on 25th March, 2010.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. CH. IJAZ AHMED, KHILJI ARIF HUSSAIN, RAHMAT HUSSAIN, JAFFERI, TARIQ PERVEZ AND KHALIL-UR-REHMAN RAMDAY, JJ
Tariq Mehmood Khokhar, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1. Waqar Ahmed Qureshi, Controller, BZU, Multan for
Respondents Nos.2 and 3. Mian Abdul Rauf, Advocate Supreme Court for R
Civil Petition No. 287 of 2008, decided on 25th March, 2010.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. CH. IJAZ AHMED, KHILJI ARIF HUSSAIN, RAHMAT HUSSAIN, JAFFERI, TARIQ PERVEZ AND KHALIL-UR-REHMAN RAMDAY, JJ
Tariq Mehmood Khokhar, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1. Waqar Ahmed Qureshi, Controller, BZU, Multan for
Respondents Nos.2 and 3. Mian Abdul Rauf, Advocate Supreme Court for R
Nawabzada IFTIKHAR AHMAD KHAN BAR
VS
CHIEF ELECTION COMMISSIONER Islamabad court and others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 7, 14 & 99-C---Constitution of Pakistan (1973), Arts.62(d)(e)(f), 185 & 199---Civil Procedure Code (V of 1908), O. X, R. 2---National Assembly, election of---Academic qualification---Returned candidate holding degree of Alshahadat-ul-Aalmia (equivalent to M.A. in Islamic Studies) issued by a Jamia---Writ of quo warranto by contesting candidate for declaring the returned candidate not to be qualified to become member of National Assembly for not being a graduate and his removal from said office--Dismissal of such writ by High Court for being premature as respondent had not been notified till then as returned candidate by Election Commission---Validity---Nazim of Tanzeem-ul-Madaris, Ahal-e-Sunnat [an institution recognized by Higher Education Commission] denied to have issued four alleged Sanads produced by respondent and issued by the Jamia, which was neither included in list of ten (10) religious institutions approved/recognized by Higher Education Commission nor competent to issue same in name of Tanzeem-ul-Madaris nor affiliated/registered with Tanzeem-ul-Madaris---Respondent claimed to have successfully completed studies for Sanvia Aama (equivalent to Matric), Sanvia Khasa (equivalent to intermediate), Alshahadatul Aalia (equivalent to B.A.), and Alshahadatul Aalmia (equivalent to M.A.) each being of two years course---Sanad equivalent to Matric was allegedly obtained by respondent in year 1993, while remaining three Sanads were allegedly issued to him with regular intervals of two years, which showed that he would have joined said Jamia in year 1991, while on court's question, he submitted to have joined the Jamia in year 1994---Respondent having studied Uloom-e-Islamee for eight long years would be expected to be an "AALAM" well-conversant with all matters relating to Arabic language and religion of Islam, but he on Supreme Court's questions could not tell number of verses and SURAS (chapter) of Holy Qur'an, name of first and second SURAS and Tafseer and meaning of "TAJWEED"---Respondent during such court's questions sought time to make decision either to defend his case or not,…
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