IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Gulzar Ahmed 
Mr. Justice Sh. Azmat Saeed 
 
 
CMA NOS.1535 & 1536 OF 2013 IN CA NOS.191-L & 409 OF 2010 
(Implementation proceedings of directions of this Court passed in 
CA No.191-L of 2010  and CA No.409/2010  regarding initiation of 
action against those who were involved in corrupt practice of 
submitting bogus degrees at the time of getting of their nomination 
papers during the election of 2008) 
 
1. Mian Najeeb-ud-Din Owaisi 
 
2. Muhammad Rizwan Gill 
 
 
Appellants  
VERSUS 
1. Amir Yar Waran etc 
 
2. Nadia Aziz etc  
 
Respondent (s) 
 
For the appellants  
: Nemo  
 
  
For the respondents  
 
: Nemo 
On Court Notice: 
 
 
Mr. Ishtiaq Ahmed Khan, Secretary, ECP 
Mr. Abdur Rehman Khan, Addl. D.G (L) 
 
Date of Hearing 
: 26.03.2013. 
 
 
 
 
 
ORDER  
  
 
  
 
In response to order of this Court, dated 25.03.2013, the 
Secretary, Election Commission of Pakistan has appeared and filed a 
comprehensive report (CMA No.1557 of 2013) and stated that the 
CMA No.1535-2013 etc 
- 2 - 
Election Commission of Pakistan (hereinafter referred to as “the ECP”) 
has already undertaken an exercise to verify the Educational 
Testimonials of 1170 elected Representatives i.e. Members of the 
National and Provincial Assemblies as well as the Senate, who 
participated in the General Elections in the year 2008 and the Election 
of the Senate subsequent thereto. Except in 69 cases the Educational 
Testimonials of all of them were authenticated to be correct by the 
Higher Education Commission. He further stated that the ECP itself 
examined the cases which were not authenticated and concluded that 
the Educational Testimonials of 27 of such  Representatives suffer from 
no deficiency. However, out of the remaining 34 cases, references were 
made to the respective DPOs and the Courts and except for two cases, 
one by the Sessions Judge at Dera Alllahyar and the other by the 
Sessions Judge Dera Ismail Khan, rest of the cases have not been 
decided and he needs some time to collect information about the 
progress in the remaining cases, which shall be done within a period of 
two days. Request so made by him is allowed.  
  
In the meanwhile, a letter be sent to all the Registrars of the 
respective Provincial High Courts and the Islamabad High Court, to 
collect and furnish details from the Sessions Judges about pendency of 
such cases with reasons as to why the same have not been disposed of 
so far.  
2. 
 
The Secretary, ECP further  stated that for the current 
process of the General Elections, which has been scheduled for 
CMA No.1535-2013 etc 
- 3 - 
11.5.2013, the Higher Education Commission has also been involved to 
attest the Educational Testimonials of the candidates to ensure that no 
candidate who on his own has disclosed his educational qualification 
may rely on Educational Testimonials, which are fake because it is the 
duty of the ECP under the command of the Constitution in terms of 
Article 218 (3) to organize/conduct honest, free and fair elections. We 
have pointed out to him that it is not necessary that all the prospective 
candidates intending to participate in the General Elections are holders 
of the Degrees from the Universities because there would be 
candidates, who claim to be holder of a Sanad of Deeni Madaras, such 
Sanads  have to be verified  by the Institution known as Wafaq-
Tanzeem-ul-Madaras, which grants recognition to Deeni Madrissas and 
as far as Matriculation or Intermediate Certificates are concerned,   the 
Government of Pakistan under Section 3 of the Federal Supervision of 
the Curricula Textbooks and Maintenance of Standards of Education 
Act, 1976 read with Notification No.D.773/76-JEA,(CW), dated 
04.12.1976, has constituted the Inter Board Committee of Chairman 
(IBCC), which is the Competent Authority for determining of 
equivalence of the Certificates/Diplomas upto Higher Secondary level 
and as far as the Matriculate or Intermediate Certificates are concerned, 
those are to be attested by the respective Boards functioning in the 
Provinces and Federation respectively.  
3. 
 
Needless to observe that as far as the Higher Education 
Commission (HEC) is concerned, it would be its duty to verify or attest 
CMA No.1535-2013 etc 
- 4 - 
the Educational Testimonials of the Universities and all institutions  of 
Higher Education. However, it would be appreciated if a mechanism is 
adopted by the ECP, enabling the HEC to supervise the 
scrutiny/examination of the Educational Testimonials of the candidates 
without wasting time and making reference to different institutions, the 
HEC may adopt an effective procedure on the basis of which, the ECP 
without loss of time may get  correct information about the authenticity 
of the Educational Testimonials.   
4. 
 
It is to be noted that under Section 14 of the Representation 
of the People Act, 1976, an elector has also right to raise objections to 
the nomination of a candidate,  relevant provision therefrom are 
reproduced herein below: 
14(1) The candidates, their election agents, [the proposers 
and seconders and one other person authorized in this 
behalf by each candidate][and an elector who has filed an 
objection to the nomination of a candidate,]may attend the 
scrutiny of nomination papers, and the Returning Officer 
shall give them reasonable opportunity for examining all 
nomination papers delivered to him under section 12. 
 
[Provided that an elector who has filed an objection 
to the nomination of candidate shall only attend the scrutiny 
of the nomination paper of that candidate.]  
………………………………………………………………….. 
…………………………………………………………………. 
…………………………………………………………………. 
“14(5)  
A candidate, may prefer an appeal against the 
decision of the Returning Officer rejecting or, as the case 
may be, accepting the nomination paper of the candidate to 
the Tribunal constituted for the constituency to which the 
nomination relates and consisting of not less than two nor 
CMA No.1535-2013 etc 
- 5 - 
more than three Judges of the High Court nominated by the 
Commissioner, with the approval of the President; and such 
appeal shall be summarily decided within such time as may 
be notified by the Commission and any other passed thereon 
shall be final.  
14(5A) 
If on the basis of any information or material 
brought to its knowledge by any source, a Tribunal 
constituted under sub-section (5) is of the opinion that a 
candidate whose nomination papers have been accepted is a 
defaulter of loan, taxes government dues or utility charges 
or has had any loan written off or suffers from another 
disqualification from being elected as a member of an 
Assembly, it may, on its own motion, call upon such 
candidate to show cause why his nomination papers may not 
be rejected,  and if the Tribunal is satisfied that the 
candidate is actually a defaulter as aforesaid or has had a 
loan written off or suffers from any disqualification, it may 
reject the nomination papers.” 
 
 
………………………………………………………... 
 
 
…………………………………………………………” 
 
5. 
 
Undoubtedly, a citizen, who is also an elector or voter, has 
a right to have access to the information  in all manners with reference 
to credentials, antecedents etc of a candidate for whom he is going to 
vote for electing him as his representative, therefore, in terms of Article 
19-A of the Constitution of the Islamic Republic of Pakistan, 1973, it is 
the Fundamental Right  of a citizen to have access to information about 
the candidate for whom elector/voter  may cast his vote. When we 
inquired from the Secretary, ECP, he stated that it has been decided to 
place the nomination papers on the web-site, enabling the electors or 
the voters to obtain information and file objections in terms of the 
CMA No.1535-2013 etc 
- 6 - 
above provisions of the law, which is to be read along with Article 19-
A of the Constitution but we have also asked him that besides making 
available the nomination papers on the web-site, a simple procedure 
should also be adopted, enabling the electors/voters, who intend to raise 
objections to obtain a copy of the nomination paper by making a 
request subject to payment  of prescribed fee, etc. On this, he stated that 
in this behalf a mechanism and SOP shall be issued because the object 
and the purpose of the ECP is to adhere strictly to the legal provisions 
refereed to herein before and as well as Article 218(3) of the 
Constitution.  
6. 
 
Let the case be adjourned for 28.03.2013. 
 
 
 
 
 
Chief Justice 
 
 
 
Islamabad 
Judge 
26.03.2013 
 
Judge 
 
  



 




 




 




CMA Nos. 1535 & 1536 of 2013 IN CA Nos. 191-L & 409 of 2010


 
  
 

2008

  



CA
 CA No. 191-L of 2010



 
 





No. 409/2010
    
1






 
2






1
  




2












  

  
 
 





    

2013

 26

 





 
 
 
  

25-03-2013
 
 


1170
  
 
(CMA 1557/13)






 
 
   
  

2008


 
 
 


 
69

   

 

 
 
     
  









   

34
 
 


27
    


  


  



 








   
    




   
     
 


 







11-05-13

 
 




2

 


 
   
 
 


    


  


 
 
 
  

 
  
218(3)
     
   
    


  
  
 
 






  


  


Federal Supervision of the Curricula
 







 

 Textbooks and Maintenance of Standards of Education Act, 1976


D.773/76-JEA,(CW), dated 04.12.1976








 
3


     


 

(IBCC)
   


  
  


 




 

 




 





 


  

  


 

    
   
3
 





  
  

 

 
 


 

  
 


  






   
 
 
 





  




Representation of the People Act, 1976


 
 
4

   
    




 








14(1)
  
 


    
 


 

 


   

 






  
12
 
 
    




  
 
    
  



  










  
   
  
14(5)

  
  





    
    


    

  





 



 




   


 

14(5A)



 


  

 


 
5


  


 

 
 
 
 
 

  








      

    
    




  





   


 




    
   







 
   
     
5

   
  
 
  



 

    
  

19-A

1973




 
   
 
 

  



  

 



19-A
  
 
 




  




  
 






  

   
    

    
  
  
 


 
   

SOP

  
218(3)
 





2013

 28


6






2013

 26
