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

CONSTITUTION PETITION NO. 1 OF 2008
AND CMA NO. 994 TO 996 OF 2008 9
ix)
as in an oligarchy, but in the collective body of
the people; government by the people; state in
which such a government prevails; the principle
that all citizens have equal political rights.”
The impugned graduation qualification does not meet
the test of reasonableness. The graduation
qualification requires 14 years’ studies. If a person
studies for 13 years and is not a graduate, no
weightage will be given to 13 years’ learning. In a
democratic set up the emphasis is on social,
economic and political justice. In PML(Q)’s case, the
Court did not consider the data relating to the
literacy rate of the population or the question such
as how many graduates were there in backward
areas, such as Chaghi, etc. ?
x) The impugned law prescribes simple graduation
qualification for contesting election and there is no
particular requirement in what discipline the person
should be a graduate. A science graduate, e.g. a
person holding B.Sc. degree is eligible to participate
in the election. Will such a person be competent to
frame law? Graduation is 14 years’ education in any
discipline, though the main function of the members
of the Parliament or the Provincial Assemblies is to
legislate laws.
7. To begin with, we may deal with the objection raised by
Mr. Khaki that the instant petition was hit by the principles of res
judicata and estoppel. He submitted that the issue had already been
decided in the PML (Q)’s case and the only course open to the
petitioners was to file a review petition. Even otherwise, the present
petition suffered from laches. The PML(Q)’s case was decided on
11.7.2002 whereas the election under the Chief Executive’s Order No.