PLD 2013 SC 179
Per, Iftikhar Muhammad Chaudhry, CJ and Jawwad S. Khawaja and Khilji Arif Hussain, JJ
(a) Constitution of Pakistan, 1973, Article 62(1)(f)
r/w Representation of People Act (LXXXV of 1976) S. 99(1)(cc)
With regard to the first ground, it is to be noted that the appellant submitted his nomination papers to contest the election for the seat of National Assembly NA-163 Sahiwal0VI in the year 2002. At that time along with nomination papers he annexed matriculation, FA and BA certificates before the Returning Officer to substantiate his requisite educational qualification. The Authenticity of the educational certificates was assailed and ultimately the Election Tribunal, Punjab in Election Appeal No. 384/A/2002, after considering the entire documentary and oral evidence, concluded that the appellant was not a graduate and had filed fake educational documents to pose himself as a graduate to overcome the disqualification provided under section 99(1)(cc) of the Act, 1976, and that apparently, he procured the result intimation card through unlawful means. Thus, there was a clear finding against the appellant that he produced fake documents.
At the time of fling of nomination papers to contest the election for the seat of Provincial Assembly, PP-226 Sahiwal-VII, in the general elections held in 2008, in order to substantiate that he holds BA degree to become eligible to contest the election, he produced two Sanads from Dini Madrassas.
The Election Tribunal has dealt with these issues in detail and after thorough examination of record as well as evidence has held that both the Sanads were the result of forgery and fabrication.
As far as the issue of having passed two additional subjects in addition to the Sanad of Dini Madrass, to be eligible to contest the election is concerned, it is to be noted that although the appellant through his attorney stated in statement that he passed the additional subjects but he could not produce any documentary evidence in this regard, as such eligible to contest the election on this ground too.
It is to be noted that provides that a person shall not be qualified to elected or chosen as a Member of Majils-e-Shoora (Parliament) unless he is sagacious, righteous, non-profligate, honest and amen. It is clear from the plain reading of the said Article that there is no restriction upon the Court/Tribunal to declare any person to be not sagacious, righteous or amen. Admittedly the appellant used fake documents not only in the year 2002 but also in the year 2008 and also made false declaration making him liable to criminal action under certain provisions of P.P.C.
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 National or Provincial Assembly cannot be allowed to the 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 entry into the doors of National or Provincial Assemblies of our country. The respondent (therein is thus not worthy of credence and cannot be allowed to be entrusted with State responsibilities of Law Making; to be in charge of the National Exchequre or be eligible to represent the people of Pakistan.
In this regard, it is to be noted that the Election Tribunal vide its judgment dated 26-12-2002 declared the appellant to be an imposter and the appellant neither rebutted the same nor challenged the said judgment before any forum, therefore, on the basis of said judgment as well as the fact that the appellant produced fake, fabricated Sanads in the year 2008 as such the findings of the Election Tribunal to that extent cannot be expunged.
Thus, for the foregoing reasons, on all points noted hereinabove, the findings of Election Tribunal are upheld being unexceptionable. As such the listed appeals are dismissed, having no merit. Nor order as to costs. [pp. 182, 183, 184, 186, 187]A, B, C, D, E, F, G, & H