2006 PLP 795 (YLR)

NAZIR AHMAD SIDDIQUI, J.

Niaz Ahmad (hereinafter called respondent No.3) submitted his nomination papers for the seat of Nazim Union Council No.119. Alipur Sadat. Tehsil Jalalpur Pirwala, District Multan and the Returning Officer accepted the same vide his order dated 24-7-2005 and appeal preferred against the same by the petitioners (rival contestants) was also dismissed by the District Returning Officer vide his order dated 27-7-2005, now impugned through the instant constitutional petition.

2. Arguments heard. Record perused.

3. Pivotal issue remained under heated debate is as to whether the respondent No.3 has qualified the matriculation examination from Allama Iqbal Open University (AIOU). In this respect, respondent No.3 had annexed with this nomination papers a Certificate bearing No F.4-20/2002/CE/MATRIC dated 16-7-2005 issued from the Department of Examination (Certificate Section) AIOU. also placed on this file as Annex.B. same is hereby reproduced hereunder for ready reference:-- "TO WHOM IT MAY CONCERN Certified that Mr. Niaz Ahmed son of Malik Abdul Kareem Registration No.01-PMN-1072 Roll No. K-2955744 has passed the following course of Matric programme except elective course (Applied Food and Nutrition) Course Code 222 from Allama Iqbal Open University. The detail of passed coursed is as under.- Course Code Marks Obtained 202 Pakistan Studies 204 Urdu 201 Islamiat 235 General Mathematics - 221 English Part II 203 General Science 211 Poultry Farming 219 Home and Farm Operation Management 207 English Part-I 222 Applied Food and Nutrition 58 71 58 68 76 67 60 60 59 Result awaited This certificate indicates the respondent No.3 did qualify all the courses of Matric Programme (Academic Sessions 2002) except elective Course Code 222 i.e. Applied Food and Nutrition as the result of the same was awaited; the Assistant Director AIOU has shown me as well as to parties the result card of the said respondent relating to the said examination (Photostat cope whereof has been placed on the tiles as Mark A) to show that in the Course Code 222. respondent was shown as, "Fail" as he was absent in the Practical of the same. This result card was issued in August. 2003 to the respondent No.3. On a Court question, it could not be denied that thereafter respondent No.3 did not appear in the course in which he was shown fall. However, at this stage. learned counsel for the said respondent tries to argue that it was not obligatory for his client to complete all the courses as he had qualified the subjects greater in number than that of prescribed in the course of Matriculation Examination to be conducted by Board of Intermediate and Secondary Education of the Province. I am not in agreement with the same, as to qualify the Matriculation Examination relating to AIOU, his client was under an obligation to complete all the courses prescribed for the said examination.

4. The Assistant Director AIOU, Multan Campus, on a Court question states that respondent No.3 was required to qualify the Course Code 222 (Applied Food and Nutrition) but he, for the reasons best known to him, "desisted from the programme and all the chances, to pass CC-222, finished. Approximately, one month before, he visited this office and asked the way out to pass the course. He was advised to seek a fresh admission in the course in the Autumn 2005 Semester". He also states that the Certificate bearing No.5256-MN dated 18-6-2005 showing, "revision of result" of the said respondent, appended with his nomination papers was not signed by him (this certificate is available on this file as Annex C). To it, learned counsel for the said respondent could not come forward with any satisfactory explanation.

5. Viewed from the above dimension, Certificate produced by respondent No.3 cannot be held to be equivalent to that of matric and prima facie he had also not filed his nomination papers with clean hands.

6. For what has been stated above, I am constrained to allow this constitutional petition by declaring the impugned order to be without lawful authority and of no legal effect resulting in rejection of the nomination papers filed by respondent No.3 along with his joint candidate for the seat of Naib Nazim. Copy Dasti. H.B.T./M-1238/L??????????????????????????????????????????????????????????????????????????????? Petition allowed.