Javed Iqbal, J.--This petition for leave to appeal is directed against the judgment dated 27.5.2002 passed by learned Single Judge of the Lahore High Court, Lahore, in Chambers whereby writ petition Bearing No, 6959 of 2003 preferred on behalf of the petitioner has been dismissed and the order of learned Additional District & Sessions Judge, Okara/Election Tribunal for Tehsil Chunian, District Kasur dated 9.5.2003 whereby election petition of Respondents Nos, 2-3 was accepted and the election of the petitioner was declared void for lack of his requisite academic qualification has been kept in tact.
2. Precisely stated the facts of the case are that "Respondents Nos, 2 and 3 called in question the election of Union Council Kull in which Sardar Muhammad Aslam (Petitioner) and Akbar Ali were declared returned candidates for the office of Nazim and Naib Nazim. Respondent No, 2 in his election petition stated that basic qualification for a candidate contesting said election was that he would be at least holding a certificate of secondary school. Petitioner alongwith his nomination papers filed photo copy of secondary school certificate according to which he, in the year 1972 appeared in annual examination under Roll No, 7964 and was declared successful by the Board of Intermediate and Secondary Education, Lahore. However, when Respondent No, 2 made an inquiry it revealed that petitioner has fabricated and forged certificate in his name, although according to the record of the Board, one S. Badar Ali appeared in the said year under aforesaid roll number who could not qualify the matriculation exam. Since Respondent No, 1 therein was not a matriculate, therefore, could not contest for the post of Nazim in the election of local Government and his result as successful candidate is liable to be declared as void and illegal on the aforesaid ground." The election petition was contested hotly by the petitioner who repudiated the assertion that he was not a matriculate by contending that he was holding a certificate of secondary school examination duly issued by the Board of Intermediate and Secondary Education, Multan, as he had appeared under Roll No, 25295. It was contended strenuously that the record was tampered with by the Respondent No, 2 which .was lying in an unsafe manner with the Secretary Union Council and a photo copy of his original certificate was substituted and replaced with the connivance of Secretary Union Council to deprive him from the post of Nazim. The Election Tribunal after completion of necessary formalities and framing of issues on the basis of divergent pleadings recorded the evidence pro and contra and accepted the election petition against the petitioner by holding that petitioner lacked the requisite qualification and election was declared void by means of order dated 9.5.2003. Being aggrieved, a Constitutional petition was filed assailing the said judgment which met the same fate, hence this petition.
3. Mr. A.K. Dogar, learned ASC entered appearance of a behalf of petitioner and urged vehemently that legal and factual aspects of the controversy have not been appreciated in its true perspective which resulted in serious miscarriage of justice. It is contended that findings of facts recorded by the Election Tribunal and affirmed by the High Court am based on misreading and non-reading of evidence and the conclusion arrive at is based on conjectural presumptions and speculations having no nexus with the evidence which has come on record and on this score alone the judgement impugned is liable to be set aside. It is next contended that the judge lent impugned is in violation of the provisions as contained in Rules 70,71 am' 72 of the Punjab Local Government Elections Ordinance, 2000. It is argued t rat Issues Nos, 9 and 10 have wrongly been decided and no attention seems to have been paid that the petitioner had passed his matriculation examination under Roll No, 25295 from the Board of Intermediate and Secondary Education, Multan.
4. We have carefully examined the contentions as agitated by Mr. A.K. Dogar, learned ASC on behalf of petitioner in the light of relevant provisions of law and record of the case. We have scanned the entire evidence with the eminent assistance of the learned counsel. We have gone through the order of the learned Additional & Sessions Judge, Okara/Election Tribunal dated 9.5.2003 as well as the judgment impugned. The pivotal point which needs determination would be whether the petitioner lacked the requisite qualification of matriculation and the factum of forgery, fraud and fabrication has been proved or otherwise? After having gone through the entire evidence, we are of the considered view that the petitioner was not qualified to contest election being non-matriculate and besides that no certificate was ever issued in favour of the petitioner by the Board of Intermediate & Secondary Education, Lahore. In this regard the statement of Ikram-ul-Haq, Assistant of Board of Intermediate & Secondary 2 Education, Lahore (EX.A/1) can be referred who made it abundant clear that the petitioner had never appeared in secondary school examination under Roll No, 7964 which was allocated to some other candidate namely S. Badar All who also failed to qualify the secondary school examination. Ikram-ul-Haq has made consistent and confidence inspiring statement whose testimony remained unshattered and in absence of any rancour or malice which was never alleged against him has rightly been considered and relied upon by the forums below. The petitioner also made an abortive attempt to show that he appeared from the Multan Board under Roll No, 25295 which, however, could not be substantiated by any cogent or concrete evidence which aspect of the matter has been discussed at length by the learned Single Judge in Chambers vide judgment impugned, relevant portion whereof is reproduced herein below for ready reference:-- "Record incharge of Multan Board was produced by the petitioner as RW-1 and he himself appeared as RW-2. Copy of admission form. Ex. R-1 copy of result sheet pertaining to Roll No, 25295 for annual 1969 as Ex. R-2. He deposed that duplicate certificate Bearing No, 170897 was issued on 6.11.2001. In his cross-examination witness admitted that certain additions/over writings were made in the name/cast (Dogar) of the candidate in his admission form. He also admitted that the name Muhammad Aslam and other particulars regarding the subject in which the candidate wanted to appear were made with black ink whereas the word dogar was written with blue ink. The witness admitted that the register was rebound. The record pertaining to aforesaid roll number was tampered with. The forgery and fraud of the petitioner is further proved when Muhammad Aslam or Muhammad Aslam Dogar the real candidate who was issued the original certificate Bearing Serial No, 34590 evident from the result statement Ex. R-2 admitted that the petitioner was not in possession of original and he has produced duplicate certificate as Ex. R-2. The original certificate Bearing No, 34590 has come on record through one Muhammad Aslam Dogar who appeared as AW-4. He deposed that he appeared under Roll No, 25295 and on the basis of said certificate he was recruited as constable in the police department in the year 1973. The original certificate was later on brought on record through Muhammad Jamil record keeper of S.P. Office Vehari. The petitioner firstly committed fraud by producing a fictitious and forged duplicate matric certificate allegedly issued by the Board of Intermediate and Secondary Education Lahore and attached with his nomination papers at the time of election and for the second time in producing another forged duplicate certificate of Muhammad Aslam Dogar AW-4 during trial of the election petition."
5. The factum of fraud and fabrication being question of fact has rightly been determined after having taken into consideration the entire evidence by the learned Election Tribunal and affirmed by the learned Single Judge of the Lahore High Court in Chambers by means of judgment impugned which being well based does not admit interference. The judgment impugned reflects an absolutely fair analysis and evaluation of the evidence and is strictly in accordance with the settled; principal and precedent law laid down by this Court to safe nerd the dispensation of justice in such like cases.
6. Before parting with the judgment we must endorse the esteemed views of Mr. A.K. Dogar, learned Sr. A.S.C. that it is bounden duty of the State to remove illiteracy and provide free and compulsory secondary education within minimum possible period as contemplate in Article 37(b) of the Constitution of Islamic Republic of Pakistan. It is, however, to be noted that no specific period has been mentioned for doing the needful. The philosophy of HearId J. Laski, has its own significance, import and substantial bearing on the democratic norms but it cannot be made applicable to the case in hand which is a classic example of forgery and fraud which at first instance is required to be examined in the light of relevant law and rules made thereunder which were never challenged prior to election which was contested under the same rules without raising any objection worth the name at opportune moment before proper forum. It was never aruged before the Election Tribunal that no such qualification could be attached. It is too late now to advert to such question which would be nothing more but an academic exercise which can be done in some proper case. In sequel to above mentioned discussion, the petition being merithless is dismissed and leave refused.