| Case ID |
26171643-050b-45ee-945e-bacb9e0a2c49 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 78-Q of 2009 |
| Decision Date |
Sep 14, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan set aside the notification declaring Moulvi Muhammad Sarwar as a successful candidate from Constituency PB-15, Baluchistan. The court found that the Sanad possessed by the respondent was not equivalent to a Graduation/Bachelor's degree as per the opinion of the Higher Education Commission. Consequently, the Election Commission of Pakistan was directed to issue an election schedule for a bye-election in PB-15. The decision emphasized the importance of educational qualifications for election candidates, reinforcing that the absence of requisite qualifications renders an election void. |
| Summary |
In the case of Sardar Asmatullah Khan vs. Moulvi Muhammad Sarwar, the Supreme Court of Pakistan addressed the qualifications required for candidates contesting elections under the Representation of the People Act, 1976. The case centered on the validity of the educational qualifications of Moulvi Muhammad Sarwar, who had claimed his Sanad of Shahadat-ul-Alamia was equivalent to a Bachelor's degree. The Higher Education Commission clarified that this Sanad was not recognized as equivalent to a graduation degree, thus disqualifying Sarwar from holding office. This case highlights the critical nature of educational qualifications in the electoral process and sets a precedent for future cases regarding candidate qualifications. The ruling mandates strict adherence to educational standards for candidates, ensuring that only those with legitimate qualifications can participate in the electoral process. The Supreme Court's decision not only impacts the parties involved but also serves as a guiding principle for the Election Commission in evaluating candidate qualifications in future elections. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
TARIQ PARVEZ KHAN,
GHULAM RABBANI, JJ
|
| Lawyers |
Mian Abdul Rauf, Advocate Supreme Court for Appellant,
Qazi Muhammad Anwar, Senior Advocate Supreme Court for Respondent No. 1
|
| Petitioners |
Sardar ASMATULLAH KHAN
|
| Respondents |
Moulvi MUHAMMAD SARWAR and others
|
| Citations |
2011 SLD 1327,
2011 SCMR 107
|
| Other Citations |
Abdul Rehman v. Haji Ghazan Khan 2007 SCMR 1491,
Moulana Abdullah v. Returning Officer and others 2003 SCMR 195,
Sanaullah Khan and others v. District Returning Officer, Mianwali and others PLD 2005 SC 858
|
| Laws Involved |
Representation of the People Act, 1976,
Higher Education Commission Ordinance, 2002
|
| Sections |
55,
10
|