Law: Representation of the People Act, 1976

Section: 52,55(2),55(3),99(cc)

Law: Representation of the People Act, 1976

Section: 52,55(2),55(3),99(cc)

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

Section: 8A

Representation of the People Act (LXXXV of 1976)------Ss. 62 & 99(c)(cc)---Conduct of General Elections Order (7 of 2002), Art.8-A---Higher Education Commission Ordinance (LII of 2002), S.10(o)---Election petition---Provincial Assembly, election of---Disqualification of returned candidate---Filing of nomination papers by returned candidate on 26-11-2007 on basis of degree of Bachelor of Business Administration issued in March, 2003, but attested on 12-9-2008 by University of East Hyderabad---Validity---Record showed that such University was not recognized by Higher Education Commission from October, 2007 to 15 August, 2008--Original record of such degree was not available with the University--Copy of such degree was attested on behalf of University on 12-9-2008 i.e. after its recognition by HEC and filing of nomination papers by returned candidate---Nomination day was crucial date for testing qualification of a candidate---Doubtful and suspicious graduate qualification could not discharge positive obligation cast on a candidate to establish his qualification of eligibility to contest general election---Returned candidate was not qualified under law to contest election on basis of such. degree as on nomination day, he was not possessing degree of graduation of a recognized University---No evidence was available on record to show that such disqualification of returned candidate was notorious, thus, candidate securing next higher votes could not be declared elected---Election Tribunal declared that returned candidate was not qualified under law to contest election and directed Election Commission to conduct fresh election in circumstances. Muhammad Nasir Mehmood and another v. Federation of Pakistan PLD 2008 SC 341 ref. Mian M. Azam Chaila v. Wajid Ali Khan and others PLD 2009 Lah. 449 and Sardar Muhammad Amir Khan v. Nadeem Akhtar and others 2007 SCMR 1044 rel. Ch. Farooq Haider for Petitioner. Zahid Sultan Khan Minhas for Respondent No.1. Date of hearing: 28th January, 2010. JUDGMENT IJAZ AHMED CHAUDHRY, ELECTION TRIBUNAL.---Mian Imran Masood petitioner has filed this election petition under section 52 of Representation of Peoples Act, 1976 against Haji…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492