The petitioner intends to contest by-election of National Assembly and the Provincial Assembly which is due to take place on 26.6.2008.
2. The petitioner submitted his nomination papers for the seat of PP-107, Hafizabad-III. Respondent No, 3 filed objections against nomination papers of the petitioner. However, the objection was rejected by the Returning Officer vide his order dated 17.5.2008, against which Respondent No, 3 filed election appeal before the Election Tribunal which was accepted vide order dated 30.5.2008.
As a result of impugned order dated 30.5.2008, the nomination papers of the petitioner were rejected, hence the present writ petition.
3.According to the learned counsel, the order of the learned Tribunal is against the law and fundamental rights guaranteed under the Constitution. According to the learned counsel findings of learned Full Bench of this Court and the Hon'ble Supreme Court were meant only for the general election which was held on 18.2.2008 and cannot be extended and applied to the upcoming by- election. According to him, the requirement of B.A. Degree is no more required, the finding of the learned Full Bench of this Court and the Hon'ble Supreme Court was based on requirement of B.A.
Degree only. The learned counsel further added that there are many other persons who are elected with defective degrees, therefore, not allowing the present petitioner would amount discrimination.
4. We have heard the learned counsel for the petitioner and considered their contentions carefully.
We do not agree with the learned counsel for reason which follows hereinafter. The learned Tribunal reproduced in Para-3 the earlier Full Bench judgment, which reads as under: "Therefore, by no stretch of imagination can he (petitioner) be termed as sagacious, righteous and non-profligate and honest and Ameen as provided for in Article 62-F of the Constitution as well as Section 99(1)(f) of the Representation of the People Act, 1976 and consequently cannot be allowed to contest elections."
The above paragraph referred to by the learned Tribunal from the Full Bench judgment clearly shows that this Court in the said Full Bench judgment held present petitioner a person who is not sagacious, honest, Ameen, etc. This finding was approved by the Hon'ble Supreme Court of Pakistan and thereby merged into order of the Hon'ble Supreme Court passed in Civil Petitions No, 2 to 5 of. 2008 decided on 12.2.2008 as below: "The entire record produced by the University shows that the petitioner has been attempting through unfair means to obtain Bachelor Degree but all in vain. Learned counsel though argued at length yet could not point out any illegality or infirmity in the impugned judgment which being well reasoned and based on cogent grounds does not warrant interference by this Court."
The above paragraph from the judgment of the Hon'ble Supreme Court clearly demonstrate that findings of this Court in the above mentioned Full Bench judgment was not only approved, it was found completely legal, firm, well reasoned and based on cogent grounds.
5. According to Article 189 of the Constitution the judgment of the Hon'ble Supreme Court is binding upon the High Court. Likewise Article 190 of the Constitution requires all judicial and executive authorities to act in aid of the Hon'ble Supreme Court. The learned counsel referred to 2004 SCM R 979, Mirza Abdur Rehman Vs. DC/Returning Officer etc. The above judgment of the Hon'ble Supreme Court is not applicable in the facts and circumstances of the present case. In the said judgment, the disqualification was mentioned in the order of the D.C. and the Commissioner on the basis of which the nomination papers of the petitioner were rejected. In the instant case, the finding was passed by a Full Bench of this Court and approved by the Hon'ble Supreme Court. Moreover, in the said case application of Articles 189 and 190 of the Constitution was neither the issue nor attracted.
In the instant case, we are faced entirely with a different situation.
6. Thus, if according to the learned counsel for the petitioner, disqualification of the petitioner stands erased by flux of time and changed circumstances, the petitioner may approach the Hon'ble Supreme Court for review or modification of the judgment above noted. Unless that happens, the judgment of the Hon'ble Supreme Court shall remain binding upon this Court. In view of the above, this writ petition is dismissed.