' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This petition calls in question the validity of the- judgment of the Lahore High Court, Multan Bench, dated 11-8-2005.
2. Precisely stated facts of the case are that petitioners nomination papers for election of Nazim/Naib Nazim from Union Council No,82 Tehsil Burewala District Vehari were accepted by the Returning Officer and the appeal filed by the respondents was dismissed by the District Returning Officer vide order dated 26-7-2005. Later on constitutional petition was filed by them which has been accepted vide impugned judgment. The respondents precisely raised three fold objections to challenge the candidature of the petitioner:--
(i) qualification of not being matriculate;
(ii) disclosure of wrong parentage in nomination papers; and
(iii) wrong date of birth.
' The record was examined and checked by the High Court in presence of learned counsel appearing for petitioners Messrs Rafique Rajwana and Ch. Muhammad Ashraf Dhallon. Besides, the Controller of Examination appeared in Court and on having seen the certificate stated that the same is not genuine. He also verified a report already submitted in this behalf. On having seen the record, learned counsel appearing for the petitioner felt sorry for their client and could not utter even one word in his defence.
3. The learned High Court allowed the writ petition and declared the orders of the Returning Officer as well as the District Returning Officer to be without lawful authority and of no legal effect.
4. Learned counsel for the petitioner contended that the learned High Court has no jurisdiction under Article 199 of the Constitution to decide disputed question of fact which can be settled by a competent authority through election petition after recording of evidence.
5. We are not inclined to agree with his contention, reason being that at pre-poll stage where there is no opportunity to rival candidate to challenge the proceedings or to prima facie ascertain on the basis of record, whether a candidate is qualified to contest election available legal remedy can be availed as it has been held in case of Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/ Returning Officer, N.A. 158, Naushero Feroze and others 1994 SCM R 1299. Examining the case of petitioner in view of the statement of petitioner's counsel that documents-are not valid, the argument raised by learned counsel on maintainability of the petition loses its significance and it is held that High Court judgment is based on correct appreciation of facts and law.
6. Thus for the foregoing reasons petition is dismissed with special cost of Rs,10,000 to the Advocate General's office with direction to the concerned authorities of the Board of Intermediate and Secondary Education to launch criminal proceedings against the petitioner before Police Authorities. The Court seized with the matter shall expedite the disposal of the case submitted before it within three months from the date of receipt of challan on merits without being influenced from present judgment in any manner and copy of judgment shall be sent to Registrar for our perusal in Chambers.
7. Dismissed being frivolous litigation.