Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 7, 14 & 99(1)(cc)---Conduct of General Elections Order (7 of 2002), Art. 8-A---University Grants Commission Act (XXIII of 1974), Preamble---Constitution of Pakistan (1973), Arts. 62 & 199--Constitutional Petition---National Assembly, election of---Academic qualification of candidate---Returned candidate was alleged to be holding a fake Sanad Daras-ul-Almia from Darul Aloom which denied to have issued such Sanad and affiliated with Wafaqul Madaris Al-Arbia---Returning Officer accepted nomination papers by writing only word "accepted" thereon without giving any reason therefor---Validity---For becoming a member of an Assembly, a person should be a graduate possessing bachelor's degree in any discipline or any degree recognized as equivalent thereto by University Grants Commission--Sanad in question was not reliable for having been declared to be forged one by Nazim of the Darul Aloom---Darul Aloom was not affiliated with Wafaqul Madaris and was not recognized by University Grants Commission---Respondent had not given any reasonable explanation regarding his being a graduate---Respondent while filing nomination papers was not qualified to contest election on basis of such forged Sanad, thus, had defrauded Government functionaries and people of his constituency---Person of such conduct could not hold office of Member National Assembly for not fulfilling conditions of Art. 62 of the Constitution---Returning Officer had illegally accepted nomination papers of respondent without entering into area of scrutiny---High Court declared election of respondent as null and void while directing Election Commission to hold fresh election. Naghma Mushtaq v. Election Tribunal, Punjab, Lahore and 2 others PLD 2008 Lah. 149; Makhdoom Ghulam Ali Shah v. Election Commission of Pakistan, Islamabad through Secretary and 4 others 2008 CLC 738; Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2009 SC 644; PLD 2007 SC 52 and Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382 ref. Nawabzada Iftikhar Ahmad Khan Bar v. Chief Election Commissioner, Islamabad Civil Petition No.287 of 2008…

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