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May 6, 2003
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Tuesday
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Rabi-ul-Awwal 3, 1424
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SC moved for MMA MPs disqualification
By Our Staff Reporter
ISLAMABAD, May 5: The Supreme Court was approached on Monday for the disqualification of 65 Muttahida Majlis-i-Amal members of parliament and provincial assemblies including their top leadership, on the plea that as their degrees, issued by Tanzeemul Madaris, were not equivalent to BA degrees.
The petition, filed under Article 184(3) of the Constitution, has been entertained by the Supreme Court office, and will be fixed for preliminary hearing before the court in the current week, an official said.
The petitioner, Advocate Aslam Khaki, states that Article 8-A of the Conduct of General Elections 2002 requires that a person shall not be qualified to be elected or chosen as a member of the Majlis-i-Shoora or a provincial assembly unless he is at least a graduate in possession of a bachelor’s degree in any discipline or any degree recognized as equivalent by the University Grants Commission.
The filing of the petition has baffled many as it has come at a time when the government and joint opposition parties are holding formal negotiations on the controversial LFO. The Muttahida Majlis-i-Amal leadership has been opposing extension in the retirement age of judges.
The petitioner contended that majority of the MMA leadership, including Maulana Fazalur Rehman, Maulana Shah Ahmad Noorani, Maulana Samiul Haq, Hafiz Hussain Ahmad, and Maulana Ghafoor Haideri were not qualified to become members of the assemblies.
Qazi Hussain Ahmad is the only prominent Muttahida Majlis-i-Amal leader whose disqualification has not been sought.
The petitioner states that 65 members of the NA, Senate and the provincial assemblies were holding the ‘sanad’ of Shahadat Alimiya fil Arabia and their nomination papers were accepted by the Election Commission on the statement that the ‘sanad’ was recognized by the University Grants Commission.
The petitioner stated that University Grants Commission had recognized the sanad as equivalent to MA Islamiat only for the purpose of teaching and nothing else.
The petitioner stated that it is clearly spelled out that if the holder of sanad wanted to use it for the other purposes, including employment, he or she would be required to pass two subjects at the BA level to become equivalent to a Bachelor’s degree for any other purpose.
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