DISQUALIFICATION OF CANDIDATES FOR BYE-ELECTION ON ACCOUNT OF FAKE DEGREES
Islamabad, the 12th May, 2010.— Mr. Ishtiak Ahmad Khan, Secretary Election Commission of Pakistan has stated that at the time of General Elections held in February, 2008, holding a bachelor’s degree from a recognized university was a precondition to contest election for a seat in the National or a Provincial Assembly under Article 8A of the Conduct of General Elections Order, 2002 and Section 99(1)(cc) of the Representation of the People Act, 1976. However, this condition was removed by the Supreme Court of Pakistan in April, 2008 with the result that now graduation degree is not a pre-requisite for contesting an election or a bye-election.
2. Secretary further stated that after General Elections, 2008 more than 200 election petitions were filed, out of which 70 election petitions related to challenges against fake degrees. Twenty-four of such petitions have so far been decided by the Election Tribunals whereas, 46 are still pending decisions. He has further stated that under the amended Article 62(f) of the Constitution read with section 99(1) of the Representation of the People Act, 1976, a person shall not be qualified to be elected or chosen as a member of Parliament or an assembly unless he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.
3. The Secretary explained that the ECP has recently issued two Press Releases clarifying the position on the issue of fake degrees: one on 30th April, 2010 and second on 6th May, 2010. The latter press release was issued on the basis of a dictum laid down by the Hon’ble Supreme Court of Pakistan in cases titled as “CP.No.800/2010 (Allah Wasaya Vs. Election Tribunal and others”, “C.P.No.287/2008 (Nawabzada Iftikhar Ahmed Khan Baber Vs. Chief Election Commissioner, Islamabad, etc.” and C.P.No.770/2010 (Nazeer Ahmed Vs. Election Tribunal and others). However, the detailed Judgments of the Supreme Court in the above cases have not yet been received by the ECP. The office is trying to obtain a copy of detailed judgments in the above cases and after going through the same the ECP would be in a position to clarify as to what action can be taken in the light of those judgments with regard to persons whose degrees have been declared to be fake and bogus by the courts. Secretary elaborated that as a matter of fact, before taking action in the light of said Judgments of the Supreme Court it will have to be seen whether the same are Judgments in rem or in personam.