PESHAWAR: A local election tribunal on Thursday disqualified Jamaat-i-Islami MPA Malik Behram Khan over impersonation in his graduation examination and ordered by-elections in his constituency, PK-93, Dir III.

The tribunal chief, Shah Jee Rehman, issued an order for Malik Behram’s disqualification over the petition of his rival candidate, Sahibzada Sanaullah of Pakistan People’s Party.

The tribunal observed that an inquiry conducted by the University of Malakand proved that Malik Behram had impersonated in the graduation examination and therefore, the MPA was not sagacious and virtuous in terms of articles 62 and 63 of the Constitution of Pakistan.

Malik Behram was elected MPA from PK-93 Upper Dir–III during the 2013 general elections. He had received 13,580 votes against runner-up Sahibzada Sanaullah’s 9,799 votes.

Last year, the tribunal had dismissed the election petition as at that time, the university had not conducted inquiry into the matter.

The petitioner later moved the Supreme Court against that.

In the meantime, the university cancelled the degree of Malik Behram over impersonation observing that in his place, different people had appeared in the examination of graduation Part 1 and Part 2 in 2005 and 2007, respectively.

Malik Behram had challenged the cancellation of his degree before the Peshawar High Court in Swat (Darul Qaza), which on April 10, 2015, dismissed his petition and upheld the cancellation of his degree.

He later moved the Supreme Court which few weeks ago dismissed his appeal and remanded the election petition back to the tribunal with the direction to decide it in accordance with fresh developments.

Malik Behram’s lawyer said unless there was any verdict of competent court declaring a person non-virtuous, the tribunal had no powers to disqualify his client on that ground.

Qazi Jawad Ahsanullah, lawyer for Sahibzada Sanaullah, said the election tribunal was itself a competent forum to declare a person non-sagacious and non-virtuous.

He said once it was proved that Malik Behram had impersonated and the Supreme Court had upheld the inquiry conducted by the university and cancellation of his degree, it was proved that he was not ‘sadiq’ and ‘ameen’.

The lawyer said as Malik Behram had submitted his nomination paper and stated on oath that its contents were correct and therefore, the submission of degree acquired through impersonation proved that he was not virtuous.

Published in Dawn, July 24th, 2015

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