' MUHAMMAD JEHANGIR ARSHAD, J.---Since similar questions of law and facts are involved, hence the following thirteen Writ Petitions are disposed of through this single judgment:--
(i) W.P. No.5039 of 2005.
(ii) W.P. No.5115 of 2005.
(iii) W.P. No.5051 of 2005.
(iv) W.P. No.5056 of 2005.
(v) W.P. No.5082 of 2005.
(vi) W.P. No.5034 of 2005.
(vii) W.P. No.5052 of 2005. (viii)W.P. No.5045 of 2005.
(ix) W.P. No.5046 of 2005.
(x) W.P. No.5100 of 2005.
(xi) W.P. No. 5101 of 2005.
(xii) W.P. No.5114 of 2005. (xiii)W.P. No.4892 of 2005.
2. In all the above numbered Writ Petitions, the respondents are successful candidates for the offices of Nazim and Naib Nazim from their respective Union Councils and their election has been challenged through these writ petitions on the ground that since either Nazim or Naib Nazim in each writ petition was not holding the requisite educational qualification within the meaning of section 152(e) of the Punjab Local Government Ordinance, 2001, they were therefore, either disqualified to contest the said election or their election for the said office as elective officers is liable to be declared as without lawful authority and of no legal effect. In support of these Writ Petitions reliance has been placed on an unreported judgment of this Court rendered by worthy Chief Justice in W.P. No. 14075 of 2005 "Muhammad Younas and another v. District Returning Officer and others" on 3-8-2005 and also unreported judgment of the apex Court passed in C.P. No.1673-L of 2005 in Muhammad Nadim's Case on 24-8-2005.
3. The controversy couched in all these Writ Petitions revolves on the interpretation of section 152 of Punjab Local Government Ordinance, 2001 laying Down certain disqualifications for candidates and elected members and subsection (e) of section 152 reads as under:-- "has academic qualifications of not less than matriculation or secondary school certificate or equivalent from a recognized institution, for contesting the election of Nazim or a Naib Nazim."
The above said qualification is meant for candidature of Nazim and Naib Nazim of Union Councils and the same requires that such a candidate must have either of the two following qualifications:- -
(i) Having passed matriculation or secondary school certificate:
(ii) Having certificate equivalent from a recognized Institution.
' So far as the qualification of having a certificate of not less than matriculation or secondary school certificate is concerned, there is no dispute at all because such certificate can only be issued by a Board of Intermediate and Secondary Education in Pakistan. However, the controversy requiring determination in all these writ petitions is about the status of a certificate issued by a recognized Institution having equivalence to the certificate issued by any of the Board of Intermediate and Secondary Education in Pakistan for the purposes of contesting election of Nazim or Naib Nazim of Union Council under the Punjab Local Government Ordinance, 2001. In all these writ petitions the contesting respondents who have been elected either Nazim or Naib Nazim are holding no certificate of matriculation or secondary school education from Board of Intermediate and Secondary Education of Pakistan but are carrying ASNAD issued by different religious Institutions claiming the same to be equivalent to the certificate of matriculation or secondary school certificate issued by Board of Intermediate and Secondary Education in Pakistan.
4. Since it was doubtful whether such type of ASNAD could be considered as equivalent to matriculation certificate issued by the respective Boards of Intermediate and Secondary Education, hence the matter was referred to the Inter-Board Committee and the said Committee declared the following criteria for treating a certificate issued by other Institutions as equivalent to matriculation or secondary school certificate vide memo. No. IBCC/ES/ MISC/ 1219, dated 21 July, 2005 as under:-- "Subject: Equivalence of Matriculation or Secondary School Certificate from recognized Institutions: ' Kindly refer to your Letter No.F3(4)/2005-Elec., dated 21-7-2005 on the above subject. Inter-Board Committee of Chairman considers the following certificates of local and foreign educational qualifications equivalent to Secondary School Certificate issued by any Board of Intermediate and Secondary Education in Pakistan:-- "(i) Grade-1 from any recognized/ accredited school/college in USA.
(ii) 0 Levels in five subjects UK including subject of English from any recognized institution located outside Pakistan.
(iii) 0 ' Levels in seven subjects including the compulsory Subjects of English, Urdu, Pakistan Studies and Islamiat.
(iv) Shahadatul Sanvia from any recognized institution/Wafaq located in Pakistan subject to passing the subjects of English, Urdu and Pakistan Studies at SSC Level, from any BISE of Pakistan."
5. In terms of abovementioned memo. Any sand i.e. Shahadatul Sanvia issued by any recognized Institution/Wafaq located in Pakistan can only be considered as equivalent to matriculation certificate unless the holder of such a SANAD has passed the subjects of English, Urdu and Pakistan Studies at Secondary School level from any Board of Intermediate and Secondary ' Education in Pakistan and unless the Inter-Board Committee grants equivalence Certificate, no educational certificate can be considered as Matriculation Certificate regardless of the claim of the private Institutions or Foreign Institutions or any Organization, which might be running that Institutions.
6. Following the above memo. Of Inter-Board Committee of Chairman of Board of Intermediate and Secondary Education, while deciding W.P. No.14075 of 2005 titled "Muhammad Younas and another v. D.R.O. And others" the worthy Chief Justice of this Court held as under:-- "Where an equivalence certificate is granted for a limited purpose, that certificate can be utilized by the person, possessing that certificate, for that purpose only and not for any other purpose.
Equivalence denotes and means hundred per cent. Parity and equality in every sense. A limited, partial or substantial parity with the official Matriculation Certificate, cannot be treated as making a person eligible under section 152(1)(e). Rather, the very concept that a certificate, which is not hundred per cent. At par or equivalent to the Matriculation Certificate, should be treated as such, is a preposterous and unacceptable. Such a certificate therefore, would not make a candidate eligible under section 152(1)(e), of the Punjab Local Government Ordinance, 2001 to contest election for an office of a Local Government.
' The legislative provisions relating to qualification or eligibility of a particular candidate for the office of Nazim and/or Naib Nazim have to be construed strictly. Relaxation of criteria is not envisaged by the law, because relaxing the criteria, would defeat the very purpose of the scheme of devolution of power, which is being enforced through the Ordinance and compromise in this contest is not permissible and no concession can be given to any candidate on any other considerations. Candidate must be matriculate in terms of provisions of section 152(1)(e) of the Ordinance to be eligible to Contest the election. Sans Matriculation Certificate or a certificate, which has been declared to be at par in all respects, with the Matriculation or Secondary School Certificate, a candidate is ineligible to contest the election and cannot be permitted to take part in the election process.
' In the case in hand, the petitioner Muhammad Asghar had relied upon a Sanad of a private institution, claiming the same to be certificate of Matriculation. His nomination papers were rejected on the ground that the candidate had failed to produce equivalence certificate to be issued by the Inter-Board Committee of Chairman. Even in these proceedings, petitioners were afforded an opportunity to obtain certificate of equivalence from the Inter-Board Committee of Chairman. Despite availing of opportunity, petitioners were unable to produce the requisite certificate. As petitioner No.2 was not in possession of matriculation or Secondary School Certificate, he could not claim himself to be qualified to be elected to an office of local Government."
7. Similar question also came under consideration before the apex Court of Pakistan in C.P. No.1673- L of 2005 on 24-8-2005 and the Hon'ble Supreme Court of Pakistan held as under:-- "Learned counsel for the respondents, despite of availing opportunity failed to produce equivalence certificate from IBCC or from Higher Education Commission, Islamabad, therefore, we are of the opinion that respondents are debarred to contest election as they are not qualified in terms of section 152(1)(e) of the Punjab Local Government Ordinance, 2001. Thus the petition is accepted and the impugned judgment, dated 12-8-2005 is set aside.
' Returning Officer of UC-94, Lahore is directed to delete the names of respondents Nos.1 and 2 from the list of validly nominated candidates to contest the election scheduled for 25th August, 2005.
' Petition is converted into appeal and allowed. No order as to costs."
8. Respectfully following the above-mentioned judgment of this Court as well as of the Hon'ble Supreme Court of Pakistan, I have no option but to hold that since all the candidates who are respondents in these writ petitions contested the election of Nazim or Naib Nazim of their respective Union Councils on the basis of ASNAD known as Shahadatul Sanvia without having passed three additional subjects i.e. English, Urdu and Pakistan Studies hence, their educational qualification could not be considered as equivalent to Certificate of matriculation or Secondary School Certificate within the meaning of section 152(e) of Punjab Local Government Ordinance, 2001 and thus they are disqualified from contesting the said election and are also not entitled to hold the said elective office.
9. For what has been discussed above, all these Writ Petitions are accepted and the election of respective contesting respondents as Nazim and Naib Nazim of respective Union Councils in each writ petition is declared as without lawful authority and of no legal effect. Consequently, all these cases are referred to the worthy Chief Election Commissioner of Pakistan who is also sitting Judge of the Hon'ble Supreme Court of Pakistan, in terms of section 152(2) read with section 151 of the Punjab Local Government Ordinance, 2001 for passing appropriate orders on all these references, till 15-9-2005.