2013 PLP 862 (SCMR)

In response to order of this Court, dated 25-3-2013, the Secretary, Election Commission of Pakistan has appeared and filed a comprehensive report (C.M.A. No.1557 of 2013) and stated that the Election Commission of Pakistan (hereinafter referred to as "the ECP") has already undertaken an exercise to verify the Educational Testimonials of 1170 elected Representatives i.e. Members of the National and Provincial Assemblies as well as the Senate, who participated in the General Elections in the year 2008 and the Election of the Senate subsequent thereto. Except in 69 cases the Educational Testimonials of all of them were authenticated to be correct by the Higher Education Commission. He further stated that the ECP itself examined the cases which were not authenticated and concluded that the Educational Testimonials of 27 of such Representatives suffer from no deficiency. However, out of the remaining 34 cases, references were made to the respective DPOs and the Courts and except for two cases, one by the Sessions Judge at Dera Allahyar and the other by the Sessions Judge Dera Ismail Khan, rest of the cases have not been decided and he needs some time to collect information about the progress in the remaining cases, which shall he done within a period of two days. Request so made by him is allowed. In the meanwhile, a letter be sent to all the Registrars of the respective Provincial High Courts and the Islamabad High Court, to collect and furnish details from the Sessions Judges about pendency of such cases with reasons as to why the same have not been disposed of so far.

2. The Secretary, ECP further stated that for the current process of the General Elections, which has been scheduled for 11-5-2013, the Higher Education Commission has also been involved to attest the Educational Testimonials of the candidates to ensure that no candidate who on his own has disclosed his educational qualification may rely on Educational Testimonials, which are fake because it is the duty of the ECP under the command of the Constitution in terms of Article 218(3) to organize/conduct honest, free and fair elections. We have pointed out to him that it is not necessary that all the prospective candidates intending to participate in the General Elections are holders of the Degrees from the Universities because there would be candidates, who claim to be holder of a Sanad of Deeni Madaras, such Sanads have to be verified by the Institution known as Wafaq Tanzeem-ul-Madaras, which grants recognition to Deeni Madrissas and as far as Matriculation or Intermediate Certificates are concerned, the Government of Pakistan under section 3 of the Federal Supervision of the Curricula Textbooks and Maintenance of Standards of Education Act, 1976 read with Notification No.D.773/76-JEA,(CW), dated 4-12-1976, has constituted the Inter Board Committee of Chairman (IBCC), which is the Competent Authority for determining of equivalence of the Certificates/Diplomas upto Higher Secondary level and as far as the Matriculate or Intermediate Certificates are concerned, those are to be attested by the respective Boards functioning in the Provinces and Federation respectively.

3. Needless to observe that as far as the Higher Education Commission (HEC) is concerned, it would be its duty to verify or attest the Educational Testimonials of the Universities and all institutions of Higher Education. However, it would be appreciated if a mechanism is adopted by the ECP, enabling the HEC to supervise the scrutiny/ examination of the Educational Testimonials of the candidates without wasting time and making reference to different institutions, the NEC may adopt an effective procedure on the basis of which, the ECP without loss of time may get correct information about the authenticity of the Educational Testimonials.

4. It is to be noted that under Section 14 of the Representation of the People Act, 1976, an elector has also right to raise objections to the nomination of a candidate, relevant provision therefrom are reproduced herein below:-- 14(1) The candidates, their election-agents, [the proposers and seconders and one other person authorized in this behalf by each candidate][and an elector who has filed an objection to the nomination of a candidate,] may attend the scrutiny of nomination papers, and the Returning Officer shall give them reasonable opportunity for examining all nomination papers delivered to him under section 12. [Provided that an elector who has filed an objection to the nomination of candidate shall only attend the scrutiny of the nomination paper of that candidate.] ........................................................................... ........................................................................... ........................................................................... "14(5) A candidate, may prefer an appeal against the decision of the Returning Officer rejecting or, as the case may be, accepting the nomination paper of the candidate to the Tribunal constituted for the constituency to which the nomination relates and consisting of not less than two nor more than three Judges of the High Court nominated by the Commissioner; with the approval of the President; and such appeal shall be summarily decided within such time as may be notified by the Commission and any order passed thereon shall be final. 14(5A) If on the basis of any information or material brought to its knowledge by any source, a Tribunal constituted under subsection (5) is of the opinion that a candidate whose nomination papers have been accepted is a defaulter of loan, taxes government dues or utility charges or has had any loan written off or suffers from another disqualification from being elected as a member of an Assembly, it may, on its own motion, call upon such candidate to show cause why his nomination papers may not be rejected, and if the Tribunal is satisfied that the candidate is actually a defaulter as aforesaid or has had a loan written off or suffers from any disqualification, it may reject the nomination papers." ........................................................................... ..........................................................................."

5. Undoubtedly, a citizen, who is also an elector or voter, has a right to have access to the information in all manners with reference to credentials, antecedents etc of a candidate for whom he is going to vote for electing him as his representative, therefore, in terms of Article 19-A of the Constitution of the Islamic Republic of Pakistan, 1973, it is the Fundamental Right of a citizen to have access to information about the candidate for whom elector/voter may cast his vote. When we inquired from the Secretary, ECP, he stated that it has been decided to place the nomination papers on the web-site, enabling the electors or the voters to obtain information and file objections in terms of the above provisions of the law, which is to be read along with Article 19-A of the Constitution but we have also asked him that besides making available the nomination papers on the web-site, a simple procedure should also be adopted, enabling the electors/voters, who intend to raise objections to obtain a copy of the nomination paper by making a request subject to payment of prescribed fee, etc. On this, he stated that in this behalf a mechanism and SOP shall be issued because the object and the purpose of the ECP is to adhere strictly, to the legal provisions refereed to herein before and as well as Article 218(3) of the Constitution.

6. Let the case be adjourned for 28-3-2013. MWA/N-3/SC Order accordingly.