2006 PLP 773 (MLD)

NAZIR AHMAD SIDDIQUI, J.

Nomination papers of respondents Nos.2 and 3 for Nazim and Naib Nazim respectively; Union Council No.82, Tehsil Burewala, District Vehari had been accepted by the Returning Officer vide his order dated 23-7-2005 despite an objection taken by the petitioners to the effect that Secondary School. Certificate A relied upon by respondent No.3 was fabricated. Appeal of the petitioners against this order was also dismissed by the District Returning Officer, Vehari vide his order dated 26-7-2005, hence this constitutional petition against the same.

2. Pursuant to the order of this Court dated 8-8-2005, Professor Abdul Hafeez Somroo, Controller of Examinations Board of Intermediate and Secondary Education, Hyderabad Sindh has appeared in the Court, along with the relevant record. A perusal of the same with reference to the Secondary School Certificate in question with Seat No.50883 (on the basis thereof Niaz Ahmad (Respondent No.3) claimed to have qualified Secondary School Certificate Examination 1986 and filed his nomination papers for the seat of Naib Nazim), shows that the same is not genuine, rather patently forged one, inasmuch as parentage and date of birth recorded in the relevant record do not tally with the same. On my asking, respondent No.3 (Niaz Ahmad) claimed to be son of Ahmad Yar caste Baluch with date of birth 1-1-1952 whereas in the relevant record father's name was shown to be Ahmad Khan, caste Memon. with date of birth 4-7-1968. I have requested the learned counsel appearing on behalf of respondent No.3, (namely, Malik Muhammad Rafique Rajwana and Ch. Muhammad Ashraf Dhallon) to check the record themselves. After remaining the same they felt sorry for their client and could not utter even one word in his defence. At this stage, I also asked the Controller of Examinations (present in Court) to state as to whether certificate in question could be held to be genuine, in any manner. He firmly replied in negative and also verified that the report (appended with this petition as Annex-B) declaring the said certificate as bogus was correct by all means and the same had been issued from his office.

3. Viewed from above dimension, I am fully convinced that the certificate in question relied upon by respondent No.3 with reference to his candidature for the seat of Naib Nazim, was a forged document and the same cannot be used for any purpose, what to talk of taking advantage with reference to his said candidature in the coming Local Bodies Election.

4. Resultantly this constitutional petition is allowed by declaring the impugned order passed by the Returning Officer as well as District Returning Officer to be without lawful authority and of no legal effect; resulting in rejection of the nomination papers filed by Respondents Nos.2 and 3.

5. At this stage Ch. Muhammad Ashraf Dhallon Advocate, learned counsel for the said respondent states that his client seeks pardon from this Court and requests that penalty of Rs.50,000 as mentioned in the order of this Court dated 8-8-2005 be waived as he has sufficiently been penalized after having been ousted from the arena of election. It is also undertaken by him that he would be very careful in future. I was not inclined to accede to such a request but it is stated by the learned counsel appearing on behalf of the petitioners that whatever had happened today in the Court, would not only amount to teaching a good lesson but also an eye opener to the said respondent as well as to all others who intended to adopt such unlawful means for obtaining temporary worldly gains, therefore, the proposed fine qua the said respondent may be dispensed with; so giving due regard to it the proposed penalty to be awarded to the said respondent is hereby dispensed with, however, it is believed that the said respondent and his supporters in this ugly design would also seek pardon from Almighty Allah. H.B.T./I-13/L Petition allowed.