FALSE/ INCORRECT DECLARATION BY THE CANDIDATES IS CORRUPT PRACTICE
Islamabad, the 30th April, 2010:- This press release is being issued by the ECP in response to various queries and comments made in the media, both print and electronic, with regard to fake degrees filed by the candidates/members Provincial Assemblies and National Assembly for clarification and information.
2- Every candidate contesting election to the National Assembly and Provincial Assemblies, 2008 is required to file with his nomination papers certain declarations that –
(a) he fulfils the qualifications specified in Article 62 and is not subject to any of the disqualifications specified in Article 63 or any other law for the time being in force for being elected as member;
(b) no loan for an amount of two million rupees or more, obtained from any bank, financial institution, cooperative society or corporate body in his own name or in the name of his spouse or any of his dependents, or any business concern mainly owned by him or the aforesaid, stands unpaid for more than one year from the due date, or has got such loan written off;
(c) he, his spouse or. any of his dependents or a business concern mainly owned by him or the aforesaid, is not in default in payment of government dues or utility charges, including telephone, electricity, gas and water charges of an amount in excess of ten thousand rupees, for over six months, at the time of filing of nomination papers;
(d) a statement specifying his educational qualifications, occupation, National Identity Card number, and National Tax Number, if any; and
(e) a statement of his assets and liabilities and those of his spouse and dependents.
3. Further that filing of false and incorrect declarations and statements by the candidate is an offence of “corrupt practice” within the meaning of section 78 of the Representation of People Act, 1976 and is triable by the District & Session Judge concerned. As regards the production of fake and bogus graduation degree, the Hon’ble Chief Election Commissioner has observed that any voter of the area can file a suit before the Court of Senior Civil Judge having territorial jurisdiction seeking a declaration that the person/ candidate cannot be said to be a graduate on the basis of alleged fake graduation certificate/degree. Besides above, the candidate could be prosecuted for commission of criminal offence for giving false/fabricated evidence under Section 193 of PPC.
4. As to the role of ECP, it can take legal action only after it receive a reference from the respective Speaker or Chairman Senate under Article 63(2) of the Constitution of the Islamic Republic of Pakistan.