INTISAR HUSSAIN vs AKHTAR HUSSAIN and 4 others
This matter concerns a petition for leave to appeal against a Lahore High Court judgment that dismissed a constitutional petition challenging the rejection of the petitioner's nomination papers for an election. The core legal question was whether the petitioner possessed a valid Bachelor of Arts degree, a prerequisite for contesting the election, given allegations that the degree submitted was bogus. The Returning Officer, after verifying with the University of Punjab, found the degree to be bogus, noting that the petitioner's result had been cancelled. Furthermore, the University reported that the petitioner had been involved in an impersonation case during a subsequent examination. The Supreme Court upheld the concurrent findings of the lower courts, noting that the petitioner's own counsel admitted to an impersonation attempt in a later examination, which undermined the petitioner's claim of being a legitimate graduate. The Court held that the degree was indeed fraudulent and dismissed the petition, affirming that the rejection of nomination papers based on a bogus degree is legally sound and consistent with election eligibility requirements.
- Can a candidate's nomination papers be rejected on the ground that the educational degree submitted is bogus?
- Does an admission of impersonation in a subsequent examination invalidate a candidate's claim to a previous degree?
- Are concurrent findings of fact regarding the validity of an educational degree subject to interference by the Supreme Court?
' ABDUL HAMEED DOGAR, J.---The petitioner has sought leave to appeal against the judgment dated 14-9-2002 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby Constitutional Petition No,16651 of 2002 filed by petitioner Intisar Hussain was dismissed.
2. The petitioner had filed nomination papers for contesting election from Constituency 103- Hafizabad-II. During the scrutiny of the nomination paper by the Returning Officer, an objection was raised by respondent No,1 that the BA Degree produced by the petitioner was bogus. Respondent No,3, Returning Officer, asked for the verification of the said degree from the University of Punjab, Lahore, and the Assistant Controller (Certificates), University of Punjab, Lahore, vide letter dated 30- 8-2002 reported that the degree was found bogus as in the main Gazette Notification, the result of the petitioner was cancelled. On the basis of such report, his nomination paper was rejected by the Returning Officer.
3. Being dissatisfied, the petitioner assailed the order in appeal before the learned Election Tribunal and during the arguments, the copy of the said degree was handed over to Mr. Muhammad Abdullah. Assistant Controller, University of Punjab, Lahore, for verification, who in his report further added that the petitioner had appeared in B.A./B.Sc. Annual Examination, 2002 under Roll No,26938 and a case of committing unfair means by impersonating in Islamic Studies Paper-B was registered against him on the report of the Center Superintendent. Irrespective of registration of criminal case against him, the University Disciplinary Committee had initiated separate proceedings against him. The Committee had issued a charge-sheet to the petitioner on 22-6- 2002 and had also required him to appear before the Committee on 24-8-2002 and 3-9-2002 but he did not turn up, therefore, he has been issued last and final notice to appear before the Committee on 10-9-2002 for final decision. Accordingly, the said degree of 1992 of the petitioner was bogus, thus this appeal was dismissed.
4. Thereafter, the petitioner filed the above mentioned writ petition before the learned Division Bench of the Lahore High Court, which too, dismissed the same in limine vide the impugned order.
5. Mr. Ihsan-ul-Haq Chaudhry, learned Advocate Supreme Court for the petitioner has contended that the petitioner in fact had cleared Annual Examination, 1992 under Roll No,18954 but due to inadvertence, his result was shown as cancelled. Since, it was a clerical mistake, as such, he applied for issuance of the result and accordingly after necessary verification, and getting report, he was declared successful having obtained 286 marks and the said notification was issued on 16- 2-1993. Accordingly, the Result Card as well as the degree 'were issued. When confronted with the report of Mr. Muhammad Abdullah, Assistant Controller, University of Punjab, Lahore, about appearance of the petitioner in B.A./B.Sc. Examinations, 2002, under Roll No,26938 and lodging of a criminal case for unfair means, learned Advocate Supreme Court candidly admitted that one Arshad had appeared in the examination in place of the petitioner intentionally to deprive him from contesting the election.
6. We have gone through the above mentioned report submitted by the University of Punjab in response to the letter sent by the Returning Officer for verification of the petitioner's B.A. Degree whereby it is clearly mentioned that the record was checked and the degree was found bogus. The report further reveals that the petitioner has also appeared in B.A./B.Sc. Annual Examination, 2002 under Roll No,26938 and a case of unfair means of impersonation in Islamic Studies Paper has been registered against him on the report of the Center Superintendent. The contention of the petitioner's counsel that one Arshad had appeared in the said Examination, 2002, in place of the petitioner, on the contrary further confirms that the petitioner was not a previous Graduate but attempted to get the degree by unfair means in order to contest election. We also do not find any exception to the concurrent findings of facts recorded by the two Courts on the degree being bogus.
7. For the foregoing reasons, petition being devoid of force is hereby dismissed and leave refused.
Cited by 4 cases
- SAJID MAHDI vs NAZIR AHMED and others 2010 PLD Lahore 312
- INTESAR HUSSAIN BHATTI Versus VICE-CHANCELLOR, UNIVERSITY OF PUNJAB, LAHORE 2008 PLD 313
- Ch. QAMAR JAVED Versus INTISAR HUSSAIN Saif-ul-Malook, Abid Saqi and Ch. Fawad Hussain , Muhammad Shan Gul and Nazir Ahmad Ghazi 2008 PLD 130
- Syed ABDUL LATIF SHAH vs ALI MUHAMMAD KHAN and others 2004 MLD 36