MUHAMMAD ALAM KHAN, J.--- The petitioner has called in question through the present Constitutional Petition the vires of judgment in Election Appeal No,37 of 2007 pronounced on 11-12- 2007 in which the petitioner Muhammad Siraj was declared ineligible to contest the election as candidate for the Constituency PF-62 Kohistan-II in the forthcoming general elections.
2. The main ground for his declaring as ineligible was that the Bachelor degree annexed with nomination papers by the petitioner was A bogus, fictitious and therefore, he was not competent to contest the election.
3. The background of the case is that the petitioner filed nomination papers for PF-62 Pallas Kohistad on 26-11-2007; the learned Returning Officer on 27-11-2007 while scrutinizing the papers passed the following order:--- "I have examined the nomination paper in accordance with the provisions of section-14 of the Representation of People Act 1976 and decide as follows:--- "Accepted.""
4. Dissatisfied with this order, Muhammad Javed and Muhammad Asmatullah respondents Nos.1 and 2 filed an appeal before the learned Election Tribunal, Peshawar High Court, Peshawar and the learned Election Tribunal after hearing the parties and perusing the data available on the record came to the conclusion that the degree procured by Muhammad Siraj petitioner under Roll No,38446 in B.A. Annual Examination, 1999 is forged . And fictitious and consequently on acceptance of the appeal the learned Tribunal rejected the nomination paper of the petitioner and directed the concerned Returning Officer to delete the name of the petitioner from the list of validly nominated candidate for PF-62 Kohistan-II.
5. It was contended by the petitioner that although the petitioner before the Returning Officer had relied upon Roll No,78446 which was the actual roll number under which he had qualified and secured a B.A. Degree from Peshawar University but the learned Tribunal has embarked upon Roll No,38446 which was not the roll number of the petitioner and thus, it was contended that the learned Election Tribunal has fallen into an error in deciding the matter on Roll No,38446. On this ground the writ petition was admitted by this Court vide order-sheet, dated 18-12-2007.
6. It was also argued that the decision regarding the genuineness of the degree requires the recording of evidence involving a factual controversy and thus, the petitioner be allowed to contest the election and after the election this matter can be agitated in the Election Tribunal by the respondents. The Election Tribunal was competent forum to pass suitable order after recording of evidence.
7. It was also argued by the petitioner that respondents No,1 and 2 had no locus standi to file an appeal before the Election Tribunal.
8. On the other hand, respondents Nos.1 and 2 and the learned Advocate-General N.-W.F.P. Argued that the degree produced by the petitioner was scanned by the learned Election Tribunal through the Controller of Examinations, University of Peshawar, which was found bogus and fictitious.
9. We have given our anxious consideration to the arguments advanced by the parties, the learned Advocate-General and perused the record carefully. In order to verify the correctness of the degree under Roll No,78446, the Controller of Examinations and Deputy Controller of Examinations of Peshawar University were summoned on 2-1-2008 and they produced the Gazette Notification regarding the result of B.A. B.Sc. Annual Examination 1999 at Serial No,78446 the name of Muhammad Maqsud Jamal son of Noor Jamal appears who has obtained 273 marks and was placed in Second Division with English, Political Science and Islamic Study I.P.S. Subjects.
10. Perusal of the record reveals that even the subjects of studies claimed by the petitioner in the alleged degree differ from those issued to M. Maqsood Jamal under Roll No,78446.
11. On 3-1-2008 we had also summoned Abdur Rashid EDO Education, District Kohat, Returning Officer of PF-62, Kohistan-II and he affirmed that degree attached by the petitioner along with his nomination papers as evidence of his educational qualification, which has been issued to the graduate who appeared in the examination under Roll No,78446. We also summoned the Controller of Examination who again confirmed by producing the relevant registers that a B.A. Degree under Roll No,78446 was conferred on one Maqsood Jamal and this degree was issued vide Serial No,73869 on 16-10-2003, thus the unavoidable conclusion is that the degree produced by petitioner in order to qualify him as candidate for election is forged and fictitious and thus, he was not qualified to be a candidate on the basis of the said degree either under the Chief Executive Order No,7 of 2007 or the Representation of the People Act, 1976 Act No,(LXXXV of 1976).
12. The contention of the petitioner that respondents Nos.1 and 2 had no locus standi to file an appeal before the Election Tribunal is also without any force, as they were candidates from the same Constituency and under the Representation of the People Act, 1976 section-14(5) they had the right to file an appeal before the Tribunal which has been competently filed.
In view of the facts and circumstances of the case narrated above, we find no merits in the instant petition, which is hereby dismissed with no order as to costs.