RAWALPINDI, Nov 22: The Lahore High Court here on Monday issued fresh notice to the Election Commission of Pakistan seeking written comments in response to a petition filed by former federal minister Yar Mohammad Rind challenging the legality of the ECP to question his education degree.

Mr Rind, the only opposition member in Balochistan Assembly, has moved the court to stop the re-examination of his education documents by a four-member committee of the ECP.

Justice Khwaja Imtiaz Ahmed directed the standing counsel for federation to obtain the written comments from the secretary and the joint secretary of ECP within one week as the petitioner has also challenged the constitutional status of the commission.

“We also appeared before the probing committee of ECP on Monday and raised objection to its formation and powers to summon and examine the qualification of Rind as the matter was settled in 2001,” said Advocate Sardar Abdul Razzak, representing the MPA from Balochistan.

“The issue was decided in favour of Mr Rind in 2002 when his opponent Nawab Aslam Khan Raisani, now the chief minister of Balochistan, challenged his degree in an election petition before Baochistan High Court,” said the counsel.

The BHC on September 11, 2002, upheld the decision of the returning officer and declared Mr Rind's degree genuine and duly recognised by the then University Grants Commission. The high court decision was never challenged in the Supreme Court, he added.

The Higher Education Commission (HEC) has, however, declared the degree obtained from Madrassa Jamia Anwarul Islam, Sukkur, as fake after which the ECP committee directed the MPA to submit the documents.

Mr Rind said the committee cannot issue him notice regarding his degree as the matter had already been decided by BHC and the fresh initiative had been taken only at the behest of his political rivals.

He said the qualification of an elected member could only be challenged at two stages: before election in front of the presiding officer and through a petition after election.