CPs.2693-2694 of 2018
2
ineligibility to contest the elections for, inter alia, lacking the qualifications
laid down under Article 62(1)(f) of the Constitution of Islamic Republic of
Pakistan, 1973 (“Constitution”). The basis of this finding is that in the
general elections of 2008 in which the petitioner was a returned candidate
from PB-31 Bolan in the Balochistan Provincial Assembly, he had claimed to
be a holder of Sanad of Shahad-ul-Aalmia issued by the Jaamia Anwar-ulAlum, Sukkar. However, in the next general elections of 2013, the petitioner
disclosed his educational qualification as Intermediate. The petitioner’s
failure to disclose his Sanad of Shahad-ul-Aalmia was alleged by the
objector/respondent No.4 to be concealment and an admission of a false
statement made in his nomination papers in the year 2008. The petitioner
was thereby guilty of being not “honest” on the criteria laid down in Article
62(1)(f) of the Constitution. Accordingly, he was disqualified to contest the
elections. This view has been considered and endorsed by the learned
Division Bench of the High Court vide its impugned consolidated judgment
dated 03.07.2018 passed in constitutional petitions filed by the petitioner to
challenge the judgment of the learned Appellate Tribunal dated 26.06.2018
and the original orders by the respective Returning Officers dated 19.06.2018.
Hence these petitions for leave to appeal.
2.
The case law relied by both the learned Appellate Tribunal and
the learned Division Bench of the High Court, namely, Muhammad Rizwan
Gill vs. Nadia Aziz (PLD 2010 SC 828), Abdul Ghafoor Lehri
vs.
Returning Officer, PB-29 Naseerabad-II (2013 SCMR 1271) and Iftikhar
Ahmad Khan Bar vs. Chief Election Commissioner Islamabad & others
(PLD 2010 SC 817) deal with the use of bogus, fake and forged documents
claimed by delinquent election candidates to establish their educational