2006 PLP 744 (YLR)

The appellant has called in question the judgment dated 25-8-2005 passed by the learned Single Judge in Chamber whereby Writ Petition No.5056 of 2005 filed by respondent No.4 has been accepted along with 12 other writ petitions, and all the respondents therein including the appellant who were elected as Nazims and Naib Nazims in the recent B.D. elections from different Union Councils were declared to be disqualified from contesting the said elections and holding the said posts as they did not possess the requisite qualification of matriculation laid down by section 152(e) of Punjab Local Government Ordinance, 2001 and the matter has been referred to the worthy Chief Election Commissioner of Pakistan for appropriate orders.

2. The appellant claimed to have obtained 'Sanad-ul-Faragh Dars-e-Nizami' issued by Madrissa Arabia Tadrees-ul-Qur'an (Regd.) outside Meerian Gate near Degree Collge, Bannu, which according to the learned counsel for the appellant was equivalent to M.A. and as such his case was different from the other respondents and the case-law relied upon by the learned Single Judge in Chamber in the impugned judgment was not applicable to the extent of the appellant. It is separate issue that the appellant has admittedly not passed the compulsory subjects of English, Urdu and Pakistan Studies at SSC level from any BISE of Pakistan, but when we put certain questions in the relevant field to the appellant and he failed to answer any of the question, the learned counsel for the appellants have opted not to press this appeal on merits, which is dismissed accordingly.

3. Before parting with this order, it is astonished to note that the appellant, who claimed to have obtained 'Sanad-ul-Faragh Dars-e-Nizami' issued by Madrissa Arabia Tadrees-ul-Qur'an (Regd.) outside Meerian Gate near Degree College, Bannu equivalent to M.A. has failed to name any of the subjects studied by him and what was literature thereof. He even could not read out the name of Subject No.6 mentioned in the Sanad on the asking of this Court and also failed to translate the Arabic text of the said Sanad. According to the appellant, he was a cultivator by profession, but failed to satisfy this Court that how interest was developed in him at the age of 39 years to obtain the religious education for about two years.

4. From the above, it is prima facie made out that the appellant had manoeuvred the aforesaid Sanad in order to fulfil the qualification prescribed for contesting the elections of Nazim and Naib Nazim and produced the same before the Returning B Officer, otherwise, he never went to the said Institution for a single day. He appears to be guilty of forgery for purpose of cheating and knowingly has used the said forged document as genuine. Such type peoples are liable to be dealt with iron hands as they are giving bad name to the genuine people as well, who have in fact passed the said courses and we being Muslims follow them. Copy of this order along with copy of 'Sanad-ul-Faragh Dars e-Nizami' issued by Madrissa Arabia Tadrees-ul-Qur'an (Regd.) outside Meerian Gate near Degree College, Bannu, attached with Writ Petition No.5056 of 2005 as Annex-A/1 shall be sent to the S.H.O. Police Station, Choubara District Layyah, who is directed to register the criminal case against the appellant under the relevant offences and investigate the matter by joining the persons of the locality plus checking the record of the Madrissa in order to unearth the true facts that how the appellant had managed to obtain the said Sanad and whether he ever studied there or not. It is clarified that the investigation of the case will be conducted fairly without being influenced by the orders of this Court and the appellant will also be afforded full opportunity during the investigation to prove his version. H.B.T./J-85/L Appeal dismissed.