Election tribunal comprising Justice Mian Hamid Farooq of the Lahore High Court on Monday disqualifying the MPA of PML (N), declared Haroon Akhtar Khan as returned candidate.
The tribunal passed the order on an election petition for the disqualification of elected MPA, Sheikh Amjad Aziz of PML (N).
The tribunal observed, in view of the findings rendered and reasons given on the issues, the present election petition is allowed and the notification of October 20, 2002 issued by the Election Commission of Pakistan, thereby, declaring Shaikh Amjad Aziz, as returned candidate from PP-156 Lahore, is set aside and cancelled.
Resultantly, the said election of the respondent is declared to be null and void and the election petitioner is declared as the elected/returned candidate from the same constituency.
The petition was filed by Haroon Akhtar Khan through Ijaz Ahmad Awan advocate submitting that the said MPA was not even intermediate but he contested election.
The counsel said that the MPA repeatedly gave examination of intermediate from 1984 to 1986 but failed to pass.
Later in 1986 he was disqualified for two years for using unfair means and he has not cleared the examination so far.
Ijaz Awan submitted that Punjab University has not issued degree to the respondent and a report has also been submitted in this regard by the Punjab University (PU).
Dr A. Basit and Mohsin Abbas Bokhari appeared on behalf of the PU and informed that the PU has not issued any degree of B.Sc. to PML (N) MPA, Shaikh Amjad Aziz as he had not appeared in examination and Sh. Amjad Aziz son of M. Abdul Aziz is not the same person in relation to whom result card was issued.
PU has arrived at the conclusion that the signatures of Abdul Ghaffar as also of checker Habib are forged on Pass Result Intimation Card.
The grounds and basis for this inference has been laid in detail in the report. Interalia, specimen and admitted signatures sent to opinion of handwriting expert had been received and his remarks to the effect are that the signatures are forged.
It was also reported that PU has not issued original B.Sc. degree to Shaikh Amjad Aziz. It is for the High Court to adjudicate on the assertion made in the paras under reply. PU has ascertained that the admission form submitted in his name was a fraudulent interpolation.
The aforesaid respondent has never been a candidate for the aforesaid B.Sc. examination. Hence the question of his having passed the examination does not arise.
It was prayed in view of the above, it is for the High Court to assess the legal implication of a bogus document purported to have been issued by the PU having been utilised for the purposes for which relief was sought through the High Court.
The petitioner prayed the court to disqualify the respondent MPA and FIR be ordered for producing forged and fabricated documents.