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“We are of the opinion that in the given circumstances, the matter be dealt with by the ECP under the provisions of Section 78 of the Representation of the People Act, 1976,” a bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Nasirul Mulk and Justice Tariq Parvez said.
The bench was hearing an appeal by PML-Q's Mian Najeebuddin who had contested the election against Aamir Yar Warn.
The section defines corrupt practices which include false statements about educational qualification.
The court asked the authorities concerned to submit to the ECP a copy of an inquiry report by the Balochistan University which held that the degree of Warn was fake.
The order said the ECP was required to proceed against the former lawmaker in accordance with the judgment in the Nawabzada Iftikhar Ahmed case where the apex court had ruled that it was the duty of the commission to ensure not only that the elections were fair, honest and devoid of corrupt practices, but also that disqualified people should not be allowed into parliament.
The bench said the respondent had resigned but a copy of the resignation had not been placed on record to show the reasons.
“A person who offers himself to represent voters of the area has to fulfil criteria of Articles 62 (qualification) and 63 (disqualification) of the Constitution,” the order said.
It said a candidate while submitting nomination papers on form-I under Rule 3 (pertaining to conduct) of the Representation of the People Act had to bear that “he was qualified and not suffering from any disqualification”.
Representing Warn, Advocate on Record G.N. Gohar said his client had resigned from his National Assembly seat and his resignation had been accepted by Speaker Dr Fehmida Mirza.
Balochistan University Registrar Aftab Iqbal Qasim said the degree of Warn had been found to be fake and a case had also been registered at the Chishtian police station by the Islamia University of Bahawalpur against a person who was taking an examination in place of the former lawmaker.
The petitioner, who was runner-up in the general elections, pleaded that Mr Warn had obtained a degree from the Shah Abdul Latif University. When the degree was challenged in 2008, the Lahore High Court ruled that it was fake.
Meanwhile, the former MNA got admission to the Islamia University, but was disqualified from appearing in examination for three years after the impersonator was caught taking exams in his place at the Chishtian centre.
The counsel said the degree of Mr Warn from Quetta had also been challenged by his client before an election tribunal which had declined to accept the case on technical grounds.
