' MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been filed seeking leave to appeal against the judgment, dated 24- 9-2002 passed by a Full Bench of Lahore High Court, Lahore, in Writ Petition No,17427 of 2002 arising out of an election matter.
2. The relevant facts for disposal of this petition in the background,are that the candidature of respondent No,1 who is contesting election for the seat of National Assembly from NA 184 Bahawalpur-II, was challenged by one Kamran Mahmood, another contesting candidate, from the same constituency. The Returning Officer accepted the nomination papers of the respondent vide order, dated 27-8-2002. The above named Kamran Mahmood and a voter namely, Rab Nawaz, by way of filing separate appeals challenged the order of Returning Officer and an Election Tribunal through a consolidated order, dated 12-9-2002, dismissed both the appeals. The objection to the candidature of respondent No,1 was that he was not a graduate as the degree produced by him was not genuine and therefore, he was disqualified to contest the election by virtue of section 99(1)
(cc) of the Representation of Peoples Act, 1976. The Election Tribunal directed to the Deputy Attorney General for necessary verification of the degree of respondent No,1 from Shah Abdul Latif University and on instruction of Deputy Attorney General, the Controller of Examinations of the University verified that degree was genuine. Consequently the Tribunal dismissed the appeal with the observation that in case of success of respondent No,1, the remedy of election petition would be available to challenge his election on any valid ground including the alleged disqualification.
The present petitioner, being also a contesting candidate from the same constituency,without availing the remedy of appeal against the order of acceptance of nomination papers of respondent No,1 directly filed a writ petition in the High Court challenging the candidature of the respondent on the following grounds. Firstly, that respondent No,1 was holding dual nationality i.e, of Pakistan and also of USA. Secondly, the degree produced by him in proof of his educational qualification being not supported by an equivalence certificate of University Grants Commission
(UGC) was fake and thirdly he having recently retired from Government service, earned disqualification under Article 63(1)(d) of the Constitution of Islamic Republic of Pakistan, 1973. The learned Deputy Attorney General on the strength of Article 225 of the Constitution of Islamic Republic of Pakistan, 1973 raised the preliminary objection relating to the maintainability of Constitution petition and the High Court in the light of law laid down by this Court in Ch. Nazir Ahmad and others v. Election Commission of Pakistan and others PLD 2002 SC 184, Election Commission of Pakistan through its Secretary v. Javid Hashmi and others (PLD 1989 SC 396), Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer and others (1994 SCMR 1299) and Baqra v. Muhammad Yousaf and another (PLD 1996 Lahore 149) dismissed the writ petition being not maintainable.
3. Learned counsel has contended that the degree in proof of the educational qualification produced by the respondent No,1 before the Returning Officer was not genuine as neither equivalence certificate of UGC was produced nor any reliable proof of its being issued by Shah Abdul Latif University was brought on record and only on the basis of hearsay information given by the Deputy Attorney General of its being genuine, writ petition was dismissed.
4. We having examined the record, find that the High Court in the light of information conveyed by the Controller of Examinations of Shah Abdul Latif University, Khairpur, to the Deputy Attorney Generalthrough a fax message regarding genuineness of degree of the respondent, dismissed the writ petition. The presumption of truth being attached with the information given by the Controller of Examinations vis-a-vis the genuineness of the degree of the respondent and its correctness being not questionable in the writ petition, the High Court in the light of view taken by the Election Tribunal in appeal preferred against the acceptance of nomination papers of the respondent No,1 by the Returning Officer which attained finality, dismissed the writ petition. The apparent conclusion regarding the controversial question of fact relating to the genuineness or otherwise of the degree of the respondent No,1 was drawn in his favour in the summary proceedings of scrutiny of A nomination papers and further the High Court having sought information through Deputy Attorney General from the concerned University, tentatively satisfied itself about the correctness of the degree and therefore, no further probe could be made by the High Court in its Constitutional jurisdiction. Since disputed questions of facts relating to qualification of a returned candidate can conveniently be adjudicated in an election petition, therefore, we dismiss this petition with the observation that if need be, the petitioner or any other contesting candidate while availing the remedy of election petition may challenge the election of the respondent if ultimately he succeeds on any valid ground including his educational disqualification, if any, and if such an election petition is filed, the same will definitely be decided on its own merits independent to the order passed by the Election Tribunal in appeal and the High Court in the writ petition. This petition is, accordingly. Dismissed and leave is refused.