KARACHI, Feb 10: The Sindh High Court asked the Election Commission on Monday to mention on the ballot papers the names of all three candidates from the province debarred by it from contesting Senate elections for want of academic qualifications or certificates.

The candidates are Ayaz Malik for one of the technocrats’ seats and former Sindh minister Hassan Ali Chahniyo and Asif Ali Jatoi for general seats. Ayaz Malik has a master’s degree from an Australian institution, and Chahniyo produced a bachelor’s degree from a British college. The returning officer referred both the degrees to the University Grants Commission, which declined to issue equivalence certificates as the institutions that awarded them did not appear on its accreditation list. The RO rejected their nomination papers and his decision was upheld by EC member Justice M. Ashraf Leghari of the Sindh High Court.

Asif Ali Jatoi produced, in lieu of a degree, a communication from the University of South California’s school of communications that he had completed all the formalities required for graduation. The RO held him ineligible for failing to produce a degree as required by section 8A of the Conduct of Elections Ordinance, 2002. He also challenged the RO’s decision before Justice Ashraf Leghari, who dismissed his appeal. He moved for a review of the EC member’s decision, but later withdrew his plea and moved a writ petition instead.

Admitting all three writ petitions and allowing the petitioners to enter the Senate electoral contest provisionally, an SHC division bench, comprising Justice Sarmad Jalal Osmany and Justice Wahid Bux Brohi, asked Mr Jatoi to establish his academic credentials on Feb 18 when his petition would come up for regular hearing. The regular hearing of petitions by Mr Malik and Mr Chahniyo was adjourned to an urgent date to be fixed by office.

Advocates Raja Qureshi and Masooda Siraj appeared for Mr Malik, Mushtaq Memon for Mr Chahniyo and Agha Faisal for Mr Jatoi. The main thrust of their arguments was that section 8A of the Conduct of Election Order provided for three categories in respect of educational qualification. The first category included holders of bachelor’s degree, the second of those who held equivalent qualifications and third of those declared graduates by any law. Once a candidate produced a bachelor’s or master’s degree, he fell in the first category and the question of equivalence would not arise. Equivalence was relevant to the second category of candidates.

Mr Jatoi’s counsel argued that the legislative intent was to ensure that parliamentarians were at least graduates. If a candidate otherwise qualified to be a graduate, his failure to produce a degree could not render him ineligible.

Deputy Attorney-General Nadeem Azhar Siddiqui submitted that foreign degrees were not admissible as proof of graduation without being so certified by the University Grants Commission.

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