Law: Representation of the People Act, 1976

Section: 52,54,55,99(1)(cc),57,68

Law: Representation of the People Act, 1976

Section: 52,54,55,99(1)(cc),57,68

Law: Constitution of Pakistan, 1973

Section: Chapter-I,Part-VIII,213,214,215,216,217, 218,219,220,221,222,223,224,225,226

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

Section: 8A

Representation of the People Act (LXXXV of 1976)-------S. 99(1)(cc)---Conduct of General Elections Order (Chief Executive's Order No.7 of 2002), Art.8A---Educational qualification of candidate for election of National/Provincial Assembly---Competent forum to determine---Higher Education Commission is the competent forum for the determination of equivalence of certificates, degrees, qualifications etc., which has constituted Equivalence and Accreditation Committee for such purposes---Article 8A of the Conduct of General Elections Order, 2002 and S.99(1)(cc) of the Representation of the People Act, 1976 not only envisages the vesting of such a power and function in the Commission but also accords due relevance to the findings/views of the Higher Education Commission---In the present case, the Committee comprising six Professors had come to the conclusion that the degree in question was recognized as equivalent to Bachelor's degree involving 14 years of education from Pakistan, there thus, remained no further scope for Election Tribunal to probe or question the decision of such a high powered Committee. Ch. Muhammad Saboor Kisana v. Muhammad Ajmal Cheema 2007 CLC 1635 ref. Dr. M. Mohy-ud-Din Qazi and Mubeen-ud-Din Qazi for Petitioner. Dr. A. Basit, Zafar Iqbal Chaudhry, Dy. Attorney-General, Pakistan with Malik Anwar Mukhtar, Legal Advisor Higher Education Commission and Muhammad Javed Khan, Director-General, Higher Education Commission, Islamabad for Respondents. Dates of hearing: 29th May, 1st, 5th, 6th, 8th, 11th, 12th, 15th June, 2nd and 6th July, 2007. JUDGMENT SYED ZAHID HUSSAIN, J.--- Elections for Provincial Assembly Punjab were held on 10-10-2002 in which respondent No.1 was successful in obtaining highest number of votes. This is petition under section 52 of the Representation of the People Act, 1976 by Ch. Muhammad Saboor Kisana whereby Notification, dated 20-10-2002, declaring respondent No.1 as the returned candidate from PP-121, Sialkot-I is sought to be assailed. The petition was tried and heard by the erstwhile Tribunal and was dismissed on 16-7-2004 on a preliminary issue. The Honourable Supreme Court of Pakistan, however remanded the matter by…

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