Hamid Farooq Durrani, J.--We propose to decide instant writ petition as well as connected W.P.
2067/2007 titled 'Muhammad Asad Vs. Returning Officer etc." together, as similar issue has been raised in both the petitions.
2. The petitioners in the two petitions claim to have appeared in the Annual Examinations for Bachelor of Arts conducted by Al-Khair University, Azad Jammu and Kashmir in November/December, 2007 and had passed the same. They were issued DMCs as well as Provisional Certificates by the said University. They had also applied for early issuance/grant of Degrees to the concerned institution which was to be issued in due course but after a period of at least six months. They claim that their nomination papers were erroneously rejected by the learned Returning Officers and their respective appeals were also dismissed by the learned Election Appellate Tribunal on the ground that they were not educationally qualified to contest the forthcoming general elections from their respective constituencies. They further stated that they had completed the course of studies and had passed the requisite examinations while only the acknowledgement of their having completed requisite course of studies, in the form of Degree, was to be issued by the concerned University. They also relied on a judgment reported as 2003 SCM R 145.
On the other hand, learned Advocate General, NWFP appearing on Court notice, took us through various provisions of law as contained in Article 8 (a) of Chief Executive Order No, VII of 2002 and also Section 99 (CC) ,of the Representation of the. Peoples Act, 1976 and contended that the petitioners were not possessing the Bachelor Degrees which was, inter alia, basic requirement of relevant law for a candidate to qualify for elections to the Assembly. The learned Advocate General further took us through the definition of "Graduate" as given in "Black's' Law Dictionary" and also that of the term "Degree" itself.
3. The right to vote or contest as candidate in elections is not a civil right but is creature of statute or special law and must be subject to limitations imposed by it. The provisions of Section 99 (CC) ibid, inter alia, demand that a person shall not be qualified to be elected. or chosen as a member of an Assembly unless he is at least a Graduate, possesses a c Bachelor Degree in any discipline or any Degree recognized as equivalent thereto by the University Grant Commission under the University Grant Commission Act, 1974 or any other law for the time being in force.
In the cases in hand, admittedly, both the petitioners have not been awarded Degrees/title acknowledging the completion of their respective course of studies and also having graduated in the claimed disciplines. It is also noted that the DMCs issued by Al-Khair University in respect of examinations taken by the petitioners also bears a foot note D in terms that any entry appearing in the said Certificates would not confer any right or privilege independently to the grant of a proper Certificate/Degree.
4. As a corollary to the above, we find no occasion to interfere in the impugned findings of respective learned Returning Officers or the learned Election Appellate Tribunal in exercise of our constitutional jurisdiction.
It is also noted that the case law cited at the bar by the attorney of petitioner has no nexus to the issue involved in the present case, therefore, the same would render no support to his cause.
Resultantly, the petitions in hand are dismissed being meritless. C.M. 720/2007 in W.P. 2062/2007 becomes redundant in the circumstances and is accordingly dismissed.