This judgment shall decided W.P. No, 4991/05, 4907/05, 4753/05, 4941/05 and 4776/05 as common questions are involved in all these cases.
2. Before I proceed further I may note here the relevant facts in each case: W.P. No, 4991/05 The nomination papers filed by Khizar Hayat petitioner to contest election to the seat of Nazim alongwith Naib Nazim in UC78/ Burewala Distt. Vehari were rejected by the R.O. on the ground that he is not a Matriculate as his "Sanad ud Faragh" was found not to be equivalent to Matric as claimed by the petitioner. Learned DRO dismissed the appeal on 26.7.2005. Writ petition was filed in this Court on 15.8.2005.
W.P. No, 4907/05 The nomination papers filed by Respondents Nos, 3 & 4 were objected be on the ground that the "Sanad Shahadat us Sania tul aamia" was not equivalent to Matric and Shehzada Atta Hussain Khan, Respondent No, 3 is not qualified to contest election to the seat of Nazam in UC-50/Mailsi, distt. Vehari. Objection was rejected and the appeal filed by the petitioner was dismissed by the DRO, Vehari on 26.7.2005. W.P. was filed in this Court on 6.8.2005.
W.P. No, 4753/05 Nomination papers filed by the Respondents Nos, 3 & 4 were objected to on the ground that Mian Khalid Mustafa, Respondent No, 3 was not qualified to contest election to the seat of Nazam in UC- 52/Manakpur Tehsil and Distt. Muzaffar Garh as his certificate "Shahadat vs Sania tul Aamia" is not equivalent to M.A. and he is not Matricuate. Objections were allowed by the R.O. However, appeal filed be the Respondents Nos, 3 & 4 was allowed by the learned D.R.O. on 22.7.2005 and the papers were accepted. W.P. was filed in this Court on 29.72005.
W.P. No, 4941/05 Nomination papers filed by Respondents Nos, 3 & 4 for contesting election to the seats of Nazim and Naib Nazim in UC79/Burewala, Distt. Vehari were objected to on the ground that Majid Hussain, Respondent No, 4 is not qualified to contest election as decree of "Shahadat ul Sanviatul Aama" is not equivalent to Matriculation Certificate. Objections were rejected by the learned R.O. and appeal was dismissed by learned DRO., Vehari on 26.7.2005. W.P. was filed in this Court on 10.8.2005.
W.P. No, 4776/05 Nomination papers filed by the Respondents Nos, 3 & 4 to contest election to the seats of Nazim and Naib Nazim in UC-84 Multan were objected to on the ground that decree "Shahadat us sanvia tul Aama" is not equivalent to Matriculation Certificate. Objection was rejected by the learned R.O. and appeal filed before the learned DRO was dismissed on 27.7.2005. W.P. was filed in this Court on 29.7.2005.
2. Learned counsel for the petitioners and the said respondents as noted by me above, have tried to argue that the sanads (degrees) being held by them are equivalent to Matric and on the basis thereof they are qualified to contest the said elections. Another common argument is that since during the pendency of the writ petition election having been held and the said persons have won the election, the matter be left to be decided by the Election Tribunal since constituted by the Learned Chief Election Commissioner of Pakistan. Learned counsel on the other side have placed implicit reliance upon the judgment dated 16.8.2005 of the Hon'ble Supreme Court of Pakistan inter alia in CPLA No, 1569/L/05 to urge that the said persons being not qualified to contest elections, the orders be passed accordingly.
3. It should not take me long to decide these matters in view of exhaustive judgment of the Hon'ble Supreme Court of Pakistan dealing with this matter and the admitted fact that name of the said persons has passed examination of additional subjects i,e, English, Urdu and Pakistan Studies from any Board of Intermediate and Secondary Education. I may further note here that in para 8 of the said judgment at page-5 thereof is a list of Sanads that were examined by their Lordships and these do include Sanads being relied upon by the said persons.
4. Now so far as the said objection of the said persons is concerned, suffice it to say that all these writ petitions have been filed before the election and it the scrutiny process.
5. Accordingly the W.P. No, 4991/05 is dismissed while W.P. Nos, 14907/05, 4753/05, 4941/05 and 4776/05 are allowed. The orders accepting the nomination papers for contesting elections to the seats of Nazim and Naib Nazim by the private respondents are declared to be without lawful authority and are set aside. Copy of this judgment be remitted to the office of learned Chief Election Commissioner for Pakistan and also the respective D.R.Os. Needless to state that the said respondents being not duly nominated shall not be considered as contesting candidates within the meaning of law.
No orders as to costs.