June 26, 2002	Wednesday	Rabi-us-Sani 14, 1423

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ISLAMABAD, June 25: The Pakistan Muslim League (Q) on Tuesday filed a petition in the Supreme Court, challenging the condition of minimum educational qualification of graduation for the members of parliament and provincial assemblies on the ground that it was violative of the fundamental rights.

The petition, filed through advocate Iftikhar Gillani, stated that the PML, being “one of the major political party”, was determined to take part in the general election.

It said the chief executive had promulgated the Conduct of Election Order 2000, providing the minimum qualification of a bachelor degree in any discipline, or any degree recognized as equivalent by the University Grants Commission for a member of Majlis-i-Shoora, provincial assemblies and Senate.

Stating the grounds for challenging the order, the petition party said insertion of Article 8-A in the Conduct of General Election Order 2002 was tantamount to amending the salient features of the constitution. It remarked that the insertion of Article 8-A would dismantle the parliamentary form of the government in the country.

The counsel stated that Article 8-A could not be justified even on the touchstone of state necessity or other legal instructions.

He maintained that the insertion of the article was not within the purview of the judgment in the Zafar Ali Shah case under which the military takeover had been validated on the doctrine of necessity.

He contended that no law could be promulgated, which took away the right of adult franchise and universal suffrage. He said the Chief Executive Order, bringing an amendment to the Conduct of General Elections Order 2002, was without lawful authority and jurisdiction; hence the same was liable to be struck down.