Case Details

Citation(s)
2008 SLG 835 2008 SLD 835 2008 CLC 1111
Lahore High Court
Writ Petition No.12058 of 2007, heard on 8-02-2008
MAULVI ANWARUL HAQ, FAZAL-E-MIRAN CHAUHAN AND HASNAT AHMAD KHAN, JJ

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Rais MUNIR AHMED

VS

RETURNING OFFICER/ADDITIONAL DISTRICT AND SESSIONS JUDGE, SADIQABAD and 4 others

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

Section: 8A,4

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

Section: 8A,4

Law: Representation of the People Act, 1976

Section: 99,99(cc)

(a) Constitution of Pakistan (1973)------Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed facts---High Court was debarred from holding detailed enquiry into disputed facts. (b) Conduct of General Elections Order (7 of 2002)--- ---Art. 4-Conduct of General Elections Order, 2002 applicable to elections held in year 2002 and in future also---Principles. (c) Conduct of General Elections Order (7 of 2002)--- ----Art. 8-A---Representation of the People Act (LXXXV of 1976), S.99(cc)---Elections for Parliament and Provincial Assembly--Educational qualifications for contesting candidate---Scope---Candidate must not only have passed B.A. Examination, but must possess Bachelor's -degree---No one could be treated as a graduate without possessing a Bachelor's degree---Burden of proof to qualify for contesting election would heavily and mainly lay on the candidate, but such burden would not be so heavy on objector denying such qualification---Principles. New International Webster's Comprehensive Dictionary of the English Language; Ballentine's Law Dictionary and Oxford English Dictionary ref. (d) Words and phrases--- ----"Graduate"-Meaning. New International Webster's Comprehensive Dictionary of the English Language; Ballentine's Law Dictionary and Oxford English Dictionary ref. (e) Representation of the People Act (LXXXV of 1976)--- ----S. 99(cc)---Conduct of General Elections Order (7 of 2002), Art. 8-A---Election of National Assembly---Educational qualification of candidate-Nomination papers, filing of---Reliance of candidate on result card of B.A. Examination---Validity---Record of Bahawalpur University showed that while submitting Admission Form, candidate had relied on Diploma issued by American School of International Academics and Equivalence Certificate issued by Punjab University, on which he was issued roll number provisionally, but was asked to provide Equivalence Certificate from Inter-Board Committee of Chairman (I.B.C.C.)---Candidate was not issued B.A. degree by Bahawalpur University for his failure to provide Equivalence Certificate from I.B.C.C:, though he had passed B.A. Examination five years ago---Punjab University was not…
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