| Case ID |
15c753aa-c769-4093-a3be-35eee3b8f71b |
| Body |
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| Case Number |
Writ Petition No. 105 of 2003 |
| Decision Date |
Oct 18, 2005 |
| Hearing Date |
Sep 22, 2005 |
| Decision |
The Peshawar High Court found that Malik Imran Khan, the respondent, was not qualified to hold the office of Member of the Provincial Assembly due to a forged degree. The court declared that the office held by the respondent was without any authority of law. The court emphasized that educational qualifications must be verified and that disqualification can arise from a lack of requisite qualifications at the time of nomination. The petition was accepted, and the respondent's position was declared invalid. |
| Summary |
In the case of Writ Petition No. 105 of 2003, the Peshawar High Court addressed the qualifications required for members of the Provincial Assembly. The case involved allegations against Malik Imran Khan for holding a forged B.Com degree from the University of Karachi. The court ruled that the respondent did not possess the necessary educational qualifications as required under the Conduct of General Elections Order and the Constitution of Pakistan. This landmark decision underscores the importance of educational verification in political candidacy, ensuring that elected officials meet the legal standards set forth by election laws. Keywords such as 'educational qualifications', 'public office', 'disqualification', and 'writ of quo warranto' are critical in understanding the implications of this case on future elections and the integrity of the electoral process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Parvez Khan C.J.,
Muhammad Qaim Jan Khan J.
|
| Lawyers |
Muhammad Sardar Khan,
Qazi Muhammad Anwar,
Muhammad Habib Qureshi,
Nadeem Azhar (Legal Advisor),
Abbas Ali (Addl. A.G. Sindh)
|
| Petitioners |
Naqeeb Ullah Khan
|
| Respondents |
Respondent No. 2,
Respondent No. 5,
Respondent No. 6,
Respondent No. 7,
Malik Imran Khan
|
| Citations |
2006 SLD 3001,
2006 PLD 21
|
| Other Citations |
PLD 1989 SC 26,
PLD 1994 Kar. 1,
PLD 1968 Lah. 361,
PLD 2001 SC 415,
1989 SCMR 918,
1983 SCMR 732,
1982 SCMR 497,
AIR 1965 SC 491,
G.D. Karkare v. T.L. Shevde AIR 1952 Nag. 330,
AIR 1970 Raj. 184,
PLD 1970 SC 98,
PLD 1975 Pesh. 146,
PLD 1982 Kar. 604,
PLD 1962 Lah. 230,
1994 SCMR 1299,
University of Mysore v. Govinda Rao AIR 1965 SC 491,
Muhammad Hussain v. Khadim Hussain PLD 1963 SC 203
|
| Laws Involved |
Conduct of General Elections Order,
Constitution of Pakistan, 1973,
Representation of the People Act, 1976,
University of Karachi Act
|
| Sections |
8-A,
63(2),
199(1)(b)(ii),
225,
52,
11,
51,
52
|