TARIQ MAHMOOD vs DISTRICT RETURNING OFFICER, DISTRICT FIASALABAD and 3 others
This matter originated as a petition challenging the eligibility of a contesting candidate, Muhammad Naeem Aslam Khan, in an election. The petitioner contended that the respondent was disqualified because he falsely claimed to be a matriculate in his nomination papers, whereas he was actually under-matriculated. The core legal question before the Supreme Court was whether a candidate who misrepresents their educational qualifications in nomination papers is eligible to contest the election. Upon verifying the candidate's educational records through the Secondary Board of Intermediate and Secondary Education, Sargodha, the Court confirmed that the respondent had appeared for the matriculation examination but failed in four subjects. Consequently, the Court converted the petition into an appeal and accepted it. The Court held that the respondent attempted to mislead the election authorities by claiming a qualification he did not possess. The key principle established is that a candidate who lacks the requisite educational qualification and attempts to mislead election authorities regarding their credentials is disqualified from contesting the election.
- Does a candidate who fails to meet the minimum educational qualification required for election become disqualified?
- Can a candidate be disqualified for misleading election authorities regarding their educational credentials in nomination papers?
ORDER
1. ' RASHID AZIZ KHAN, J.---We have heard the learned counsel for the petitioner at length. The sole ground taken in the case is that respondent No,3 Muhammad Naeem Aslam Khan, the contesting candidate, is debarred on the ground that he, in his nomination papers, has shown himself as a matriculate whereas, in fact, he is under matric. In order to verify the contention, notice to the Secondary Board of Intermediate and Secondary Education, Sargodha, was issued. In response to notice, learned Law Officer Dr. Mohyddin Qazi, has appeared. On verification from the record, which he has brought to the Court, he submits that respondent Muhammad Naeem Aslam Khan, had appeared in the matriculation examination but failed in four subjects. In these circumstances, we convert this petition into appeal; accept the same on the sole ground that respondent Muhammad Naeem Aslam Khan had tried to mislead the authorities as he did not possess the basic qualification, which could qualify him to contest the election. There will, however, be no order as to costs.
Cited by 4 cases
- Haleema Shuja vs Mst. Syeda Mehmooda Begum (Deceased) through L.R. 2021 PLD Lahore 533
- FEDERATION OF PAKISTAN through secretary, Cabinet Division, Islamabad Versus Mian MUHAMMAD SHAHBAZ SHARIF 2009 PLD 237
- INTESAR HUSSAIN BHATTI Versus VICE-CHANCELLOR, UNIVERSITY OF PUNJAB, LAHORE 2008 PLD 313
- ASIM BUTT and others vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, FEROZEWALA and 11 others 2003 MLD 1168