IFTIKHAR HUSSAIN CHAUDHRY, C.J.--- Petition was submitted against decision of the Returning Officer, whereby nomination papers of Muhammad Saleem and Muhammad Ayub/respondents herein, candidates for the seats of Nazim and Naib Nasim, Union Council No. 19, were accepted.
2. The appeal filed by the petitioner was also rejected by the Sessions Judge/appellate authority, Sialkot by order dated 27-7-2005.
3. Noiice of the petition was issued to respondents.
4. I have heard the learned counsel for the parties.
5. Muhammad Saleem/respondent had obtained 217 marks out of 850 marks. He had obtained F- grade in six subjects out of eight in which he appeared. The Punjab Boards Committee of Chairmen by Notification No. 73/PBCC/LHR, dated 23-7-2005, has clarified the position that a Secondary School Certificate granted to a candidate, who had earned E-gr,ade or above, shall be treated as equivalent to a Secondary School Certificate. As the respondent had obtained six F-grades, the Certificate granted to him cannot be treated as equivalent to Matriculation or Secondary School Certificate. He was not qualified under section 152(1)(e) of the Punjab Local Government Elections Rules, 2005, to be elected as Nazim of the Local Council.
6. The writ petition is therefore, allowed. The orders passed by the Returning Officer and appellate authority/Sessions Judge, Sialkot are set aside. Nomination papers of Muhammad Saleem/respondent No.1 and his running mate Muhammad Ayub/respondent No. 2 shall be deemed to have been rejected.