MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

CONSTITUTION PETITION NO. 1 OF 2008
AND CMA NO. 994 TO 996 OF 2008 2
Islamic Republic of Pakistan, 1973 (the Constitution), the petitioners
have called in question the validity of the provisions of Article 8-A of
the Conduct of General Election Order, 2002 (Chief Executive’s Order
No. 7 of 2002) and clause (cc) of subsection (1) of section 99 of the
Representation of the People Act, 1976, on the touchstone of Articles
17 and 25 of the Constitution. The impugned provisions laid down
that a person would not be qualified to be elected or chosen as a
member of Majlis-e-Shoora (Parliament) or a Provincial Assembly
unless he was at least a graduate possessing a bachelor degree in any
discipline or any degree recognized as equivalent by the University
Grants Commission under the University Grants Commission Act,
1974, or any other law for the time being in force.
CMA No.996/2008
2. During the course of proceedings, Dr. M. Aslam Khaki,
ASC filed Civil Miscellaneous Application No. 996 of 2008 for his
impleadment as a respondent/party to the above Constitution
Petition on the ground that he would support the impugned
provisions of law laying down the qualification of being a graduate to
contest election to the Parliament and the Provincial Assemblies. He
submitted that previously he had filed the Deeni Madaras Certificates
Equivalence case as pro bono publico. Since the present Constitution
Petition involved a question of general public importance and he
being a public spirited person, he prayed that he may be allowed to
address the Court. The learned Attorney General for Pakistan and Mr.
Kamran Murtaza did not oppose the application. Therefore, Mr. Khaki