| Case ID |
0a6a5c67-77fa-4f0d-b7f2-a794901a1944 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 1 and 5 of 2004 |
| Decision Date |
Feb 27, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeals filed by Bashir Ahmad Bhanbhan and upheld the decision of the Election Tribunal which declared his election void due to the submission of a forged degree. The court concluded that the election petition was validly verified and that the evidence presented by the respondent, Shaukat Ali Rajpur, clearly established that the degree was bogus. The Court emphasized the importance of educational qualifications for candidates and held that the principle of notoriety of disqualification was not met in this case, as the petitioner had initially withdrawn his objection during scrutiny. The Court ordered a fresh election in the constituency. |
| Summary |
In the case of Civil Appeals Nos. 1 and 5 of 2004, the Supreme Court of Pakistan examined the validity of an election petition regarding the educational qualifications of a candidate, Bashir Ahmad Bhanbhan. The main issue revolved around the verification of Bhanbhan's degree, which was challenged by Shaukat Ali Rajpur. The Tribunal had previously ruled that Bhanbhan's election was void due to the submission of a forged degree. The Supreme Court upheld this ruling, stressing the significance of integrity and honesty in elections. The Court's decision emphasized the legal requirements for candidates and the importance of public trust in the electoral process. The case highlights the legal frameworks governing electoral integrity in Pakistan, particularly the Representation of the People Act, and serves as a reminder of the consequences of fraudulent claims in elections. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui, C.J.,
Javed Iqbal,
Abdul Hameed Dogar
|
| Lawyers |
Wasim Sajjad,
Mehr Khan Malik,
Raja Muhammad Ibrahim Satti
|
| Petitioners |
another,
Bashir Ahmed Bhanbhan
|
| Respondents |
others,
Shaukat Ali Rajpur
|
| Citations |
2004 SLD 2868,
2004 PLD 570
|
| Other Citations |
Sheikh Mushtaq Ali, Advocate v. Khalid Anwar 1999 MLD 1533,
Engr. Iqbal Zafar Jhagra and others v. Khalilur Rehman and 4 others 2000 SCMR 250,
Karachi Metropolitan Corporation, Karachi and another v. Raheel Ghayas and 3 others PLD 2002 SC 446
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976),
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Conduct of General Elections Order (Chief Executive's Order No. 7 of 2002)
|
| Sections |
55,
56,
69,
O.VI, R.15,
Art.85,
Art. 8-A
|