CPs.2693-2694 of 2018
5
or Ameen person. … The spirit with which the words
sagacious, righteous, non profligate, honest and
Ameen have been used by the Constitution of Islamic
Republic of Pakistan, 1973 for the eligibility of the
candidates contesting the elections of Members of
National or Provincial Assembly cannot be allowed to
be frustrated if persons who secure their educational
documents through unfair means and are found
guilty of such a condemnable act by [the] competent
authority are allowed to be given any entry into the
doors of National or Provincial Assemblies [of] our
country. The respondent No.1 not only is found guilty
of a dishonest or cheatful involvement in the use of
unfair means in procuring his B.A./degree/results
from the University of Punjab but also made
deliberately false statement before this Tribunal. …”
[emphasis supplied]
More recently, the element of dishonesty to incur disqualification under
Article 62(1)(f) of the Constitution is examined by this Court in Muhammad
Hanif Abbasi vs. Imran Khan Niazi (PLD 2018 SC 189) and it is held that:
“100. … It cannot, therefore, be contended that
dishonesty is attributed in the said judgment without
reference to any alleged design, intention, scheme,
background or impropriety. Consequently, to our
minds the larger Bench has not expunged the
requirement of establishing the “dishonesty” of
conduct of an aspirant or incumbent member of a
Constitutional
disqualification
Legislature
under
in
Article
order
62(1)(f)
for
the
of
the
Constitution and Section 99(f) of the ROPA to be
attracted. …” [emphasis supplied]