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Supreme Court to hear disqualification petition against Federal Minister Ghulam Sarwar Khan tomorrow on 26th Sept, 2006.

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  • Press Media of Communist Party of Pakist
    25th September, 2006. The Communist Party of Pakistan (CPP) has issued the following press statement: Supreme Court to hear disqualification petition against
    Message 1 of 1 , Sep 25, 2006
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      25th September, 2006.

      The Communist Party of Pakistan (CPP) has issued the following press statement:

      Supreme Court to hear disqualification petition against Federal Minister Ghulam Sarwar Khan tomorrow on 26th Sept, 2006.

      The hearing of election petition against Federal Minister Ghulam Sarwar Khan, seeking his disqualification from the membership of National Assembly will resume tomorrow Tuesday on 26th September, 2006 at Islamabad by the Full Bench of the Supreme Court of Pakistan headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.

      An election appeal against the judgment of the election tribunal Punjab in favour of a Muslim Leaguer Federal Minister Ghulam Sarwar Khan has been challenged in the Supreme Court of Pakistan by his rival candidate Engineer Jameel Ahmad Malik, who is the Chairman of the Communist Party of Pakistan.



      Engineer Jameel is seeking disqualification of the Federal Minister Ghulam Sarwar Khan from the SC on the grounds that he had forged a mechanical diploma of another person for appearing in the BA Examination from Islamia University, Bahawalpur in the year 2002 while contesting the election of the National Assembly from the constituency of NA-53, Rwp-IV.



      He filed the election appeal under section 67(3) of the Representation of the People Act, 1976.



      Mr. Malik in his election appeal before the SC has emphasized that the election tribunal did not decided his petition on merit and instead decided the petition purely on a very hyper technical ground like this that the election petition did not have the stamp of Oath Commissioner while ignoring this very basic fact that the election petition was accompanied by an affidavit of the petitioner duly sworn and attested by the Oath Commissioner.



      Engineer Jameel was highly critical that the election tribunal by giving cover of technical nature instead of trial on merits to the Federal Minister Ghulam Sarwar Khan allowed him to remain in office despite inherent disqualification.



      The decision of the election tribunal is totally in contrary with the dictates of the Apex Court, who has held on a number of occasions that technicalities alone should not hinder in the interest of justice and the decision to be done on the merits alone was also negated by the election tribunal, he vehemently wrote in his election appeal.



      Ha also drawn attention of the SC to the consistent view of the Apex Court that the rules of procedure are meant to advance justice and to preserve the rights of litigants and they are not meant to entrap them into blind corner so as to frustrate the purpose of law and justice.



      In his appeal before the SC, Engineer Jameel categorically said that the qualification of education for being elected or chosen as a member of an Assembly to be at least a graduate possessing a Bachelor Degree in any discipline duly recognized by the University Grants Commission was firstly inserted by the Chief Executive's Order No. 17 of 2002 dated 24-6-2002 as section 8-A in the Conduct of General Elections Order, 2002 and was secondly inserted by Ordinance No. XXXVI of 2002 dated 31-7-2002 in Section 99 (1) (cc) of the Representation of the People Act, 1976.



      And when these legislations incorporated by the Chief Executive were challenged in a Constitutional Petition under Article 184(3) of the Constitution of Pakistan, 1973 by quite a large numbers of petitions having titled Pakistan Muslim League (Q) Versus Chief Executive of Islamic Republic of Pakistan, etc reported as PLD 2002 SC 994 in which it was concluded by the Supreme Court that " we are of the view that the education-related qualification is reasonable and not arbitrary or whimsical because firstly, being a step towards transformation of the political culture it is founded on reasonable basis and secondly, it equally applies to all the graduates and does not discriminate any graduate or create a class within the graduates."



      He pleaded in election appeal in SC that it is really very surprising that such a national issue of great importance which was even upheld by this Apex Court was negated, bypassed and ignored by the Election Tribunal on hyper technical grounds ignoring this very important aspect that Engineer Jameel had raised serious questions as to the qualification of Mr. Ghulam Sarwar Khan, who is not a graduate and had forged a diploma of another person for appearing in the BA Examination from Islamia University, Bahawalpur in the year 2002.



      Those questions were not reached because the Election Tribunal chose to rely upon technicalities and thereby to stifle the Election Petition at its inception. The law does not countenance such a course to resolve such serious disputes; Mr. Malik concluded and filed his election appeal in Supreme Court with these remarks.






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