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Petitioner: TARIQ MAHMOOD VS Respondent: DISTRICT RETURNING OFFICER, DISTRICT FIASALABAD and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Rashid Aziz Khan, Tanvir Ahmed Khan Title:TARIQ MAHMOOD vs DISTRICT RETURNING OFFICER, DISTRICT FIASALABAD and
3 others Case No.: Civil Petition No,1657-L of 2001 Date of Judgment:2001-05-28 Reported As: 2001 SCMR 1991 Result: Appeal allowed Judgment ORDER ' RASHID AZIZ KHAN, J.---We have heard the learned counsel for the petitioner at length. The sole ground taken in the case is that respondent No,3 Muhammad Naeem Aslam Khan, the contesting candidate, is debarred on the ground that he, in his nomination papers, has shown himself as a matriculate whereas, in fact, he is under matric. In order to verify the contention, notice to the Secondary Board of Intermediate and Secondary Education, Sargodha, was issued. In response to notice, learned Law Officer Dr. Mohyddin Qazi, has appeared. On verification from the record, which he has brought to the Court, he submits that respondent Muhammad Naeem Aslam Khan, had appeared in the matriculation examination but failed in four subjects. In these circumstances, we convert this petition into appeal; accept the same on the sole ground that respondent Muhammad Naeem Aslam Khan had tried to mislead the authorities as he did not possess the basic qualification, which could qualify him to contest the election. There will, however, be no order as to costs.