2004 PLP 1226 (CLC)

Through this election petition petitioner has challenged the election of the respondent No. 1, who was declared as returned candidate from the Constituency PS‑30 Khairpur‑II.

2. The facts as pleaded in the petition are that the respondent No. 1 has filed his nomination paper alongwith the degree which was issued to him in the year 1988 by the Karachi University. The petitioner objected to the academic qualifications of the respondent No. 1, before the Returning Officer, who after hearing the parties overruled the objections of the petitioner. The petitioner preferred appeal under section 14(5) of the Representation of People Act, 1976, which appeal was dismissed against which the petitioner p referred Constitution petition before the Division Bench of the High Court. 1t appears that same was disposed of and the Leave Petition before the Honourable Supreme Court was also refused with the observation that the petitioner may seek remedy before the Election Tribunal.

3. It was further pleaded in the petition that the Matric Certificate of the respondent No. 1 was a forged document and on account of the influence of his father, the respondent No. 1 has procured his academic certificates, which certificates/degree was bogus.

4. The respondent No. 1 has filed his written statement whereas the remaining respondents were declared ex parte. Out of the pleadings of the parties; following consent issues were framed:‑‑ Issues (1) Whether the name of the respondent's father in B.A. Pass Degree is incorrect, if so, what is its effect? (2) Whether the Graduation Degree of respondent No. 1 is bogus, forged, if so, its effect? (3) Whether the respondent No. 1 was not qualified to contest the election on the date of filing of the nomination papers? (4) What should the order be?

5. The petitioner was examined as Exhibit 1 and has produced the copy of the Election Petition Exhibit 2, Notification of Election Commission Exhibit 3, Nomination Form Exhibit .4, Electoral List as Exhibit 5, copy of NIC Exhibit 6, copy of degree of the B.A. (Pass) issued by University of Karachi, in the name of respondent No.1 as Exhibit 7, copy of Certificate issued by Pakistan Muslim League (F) as Exhibit 8, written objection to the nomination Exhibit 9, copy of Mark Sheet of respondent No.1 issued by Board of Secondary Education Exhibit 10, copy of School Leaving Certificate of respondent No.1 as Exhibit 11 order of the Returning Officer Exhibit 13, copy of the order of the Appellate Tribunal Exhibit 14, copy of the order or, petition Exhibit 15, copy of Certificate of Saint Paul School Exhibit 16, copy of the order of Election Commission Exhibit 17.

6. Petitioner was cross‑examined by the respondent's counsel and in his deposition he has stated that the father's name of the respondent No.1 has been incorrectly mentioned in the degree of the respondent No.1 which has been produced as Exhibit

7. He, however admitted in his cross‑examination that School Leaving Certificate of the respondent No.1. Exhibit 6 and the letter of Principal Exhibit 17 were neither bogus nor manoeuvred.

7. On the application of the petitioner, the entire record of the Board of Immediate and Karachi University pertaining to the respondent No. 1 was summoned. The counsel for the petitioner after examining the record in Court has made a statement that the record is not manipulated and the certificate Degree issued in favour of respondent No.1. by the Board of Intermediate Karachi and Karachi University in favour of respondent No. 1 were authentic.

8. The Deputy Secretary, Board of Intermediate, Karachi produced the copy of the Intermediate Certificate issued in favour of the respondent No. 1 as Exhibit 19 whereas the Controller of Examinations University of Karachi produced the copy of the Degree issued by the Karachi University as Exhibit

21. Both the aforesaid officers have produced the copy of the Certificate and the copy of the Degree authenticating that the respondent No. 1, has passed the Intermediate and also graduated from Karachi University. The counsel for the respondent No. 1 after scrutiny of the record on the basis of which these academic certificate degree was issued has stated that the record has not been tampered with either by the Board of Intermediate or the Karachi University.

9. The matter however, was adjourned at the request of petitioner's counsel for seeking instructions. Today the petitioner alongwith his counsel appeared and was given the option either to withdraw the petition in the face of the material produced before this Tribunal reflecting that the respondent No. 1 was qualified and neither the certificate nor the degree of the respondent No. 1 was bogus and or manoeuvred as alleged. The petitioner stated that he would like to have an order on merits. Under these circumstances the present order is being passed.

10. Since the election of the respondent No. 1 was challenged on sole ground that he was not qualified to contest the election as he was not graduate and the certificate and the degree issued in his favour were manipulated documents which fact has not been proved by the petitioner. The concerned educational authorities issuing the said certificate/degree, have appeared before this Tribunal authenticating the genuineness of such material and the petitioner has also acquired knowledge that the certificate and degree in favour of the respondent No.1 were not bogus even then he had declined to withdraw the petition, this Tribunal, therefore, it a fit case to impose cost of Rs.5,000 upon the petitioner which the petitioner shall deposit with the Registrar of the Tribunal within two weeks from today. The Registrar would deposit the amount of cost with the High Court Bar Library.

11. These are the reasons of nay short order which I have passed today in Court. H.B.T./M‑48/K Petition dismissed.