BASHIR AHMED KHAN SIREWAL vs REGIONAL PROVINCIAL ELECTION COMMISSIONER, HYDERABAD Ss

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BASHIR AHMED KHAN SIREWAL VS REGIONAL PROVINCIAL ELECTION COMMISSIONER, HYDERABAD Ss. 199, 200 & 471---Representation of the People Act (LXXXV of 1976), Ss. 78, 82 & 94---False statement made in declaration which is by law receivable, using as true such declaration knowing it to be false, using as genuine a forged document, corrupt practice in elections---Appreciation of evidence---Prosecution case was that the accused had filed his nomination papers to contest General Elections, 2008 with allegedly false B.A degree---Record transpired that the accused appeared in Matric examination in the year 1968, passed the same and such certificate was issued to him---Accused then was eligible to get admission in Intermediate classes, however, there was nothing on record to show that accused ever appeared in Intermediate examination---Bachelor of Arts (B.A.) degree of the accused was available on record showed that he appeared in B.A. exams in the year 2005 and the result was declared on 10.08.2006 wherein he was declared as successful and was issued a degree for B.A.---However, the most important link in that chain i.e. the Intermediate exam result and certificate was missing---Appellant was called upon to produce his certificate of Intermediate, however, he submitted that the Board had declined to provide him the certificate on the ground that the record of Board was burnt in a fire incident---Accused failed to prove that he had successfully appeared in examinations for the Intermediate certificate and passed the same as he was unable to provide any proof of the same--- Complainant, during his examination-in-chief, produced photo state attested copy of Higher Education Commission letter along with correspondence exchanged with the University and the certificates of Intermediate and matriculation as well as B.A. degree of the appellant respectively---Board of Intermediate and Secondary Education had made a note upon the certificate of Intermediate of the appellant as "Bogus"---Said fact clearly showed that although the appellant did not pass Intermediate examination still he managed to get B.A. degree---Clause (d) of subsection (3) of S.78 of the Act, clearly showed that any wrong declaration in respect of educational qualifications submitted by a candidate fell within the ambit of "corrupt practice"---Election Commission had also observed that the offence of corrupt practice had been established against the accused as he had filed invalid/fake degree and he was not qualified to contest the General Election 2008 due to lack of qualification---Circumstances established that impugned judgment did not suffer from any legal infirmity or illegality, calling for interference by High Court---Appeal was dismissed accordingly.

BASHIR AHMED KHAN SIREWAL vs REGIONAL PROVINCIAL ELECTION COMMISSIONER, HYDERABAD Ss — 2022 YLRN 123 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported