Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)-------S. 152(1)---Constitution of Pakistan (1973), Art. 185(3)---Qualification of candidate---Sanad of Deeni Madrissa---Doctrine of `throw away votes'---Applicability---Despite objection to the educational qualification of petitioner, he was allowed to contest election, and was declared as returned candidate but Election Authority was directed not to publish his result---Plea raised by the petitioner was that his Sanad of Deeni Madrissa was equal to matriculation certificate---Contention of respondent was that after disqualification of the returned candidate, the candidate having second highest votes be declared as returned candidate ---Validity ---Madrisa from where Sanad had been obtained by petitioner, was not recognized by University Grants Commission as per its notifications issued from time to time, therefore, petitioner was not qualified to contest election as his academic qualification was not equivalent to matriculation in accordance with the provisions of S. 152(1)(e) of Punjab Local Government Ordinance, 2001---Respondent, who had secured second highest votes could not be declared as successful candidate, as disqualification of the petitioner was not notorious---Doctrine of `throw away votes' would not be applicable---Election as a whole of the constituency was declared bad---Supreme Court directed Election Commission to take steps to conduct fresh election for the seat, in accordance with law---Petition for leave to appeal was disposed of in said terms. Sh. Amjad Aziz v. Haroon Akhtar Khan and others 2004 SCMR 1484 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition calls in question judgment dated 5th August 2005 passed by the Lahore High Court, Lahore. Concluding para. therefrom reads as under:- On the other hand the D.R.O. Faisalabad vide his order dated 3-8-2005 held that institution which issued Asnaad is not recognized by the University Grant Commission, Faisalabad. The learned counsel referred to election appeal No.50/02, Malik Saleh v. R.O. and 193(R)/2002 Mian Muhammad Imran v. R.O. and Writ Petition No.938 of 2001, Hafiz Rehman v. DRO. However, on the same point two decisions have…

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