ISLAMABAD, Oct 28: Ms Sumaira Malik, a PML-N lawmaker who headed the Ministry of Women Development and Youth Affairs in the cabinet of former prime minister Shaukat Aziz’s, was de-seated by the Supreme Court on Monday for possessing fake degree.

She was disqualified from becoming a member of parliament and its consequence entails her permanent ineligibility since the court slapped a life ban on her to contest future elections.

Authored by Chief Justice Iftikhar Muhammad Chaudhry, the 35-page verdict struck down the March 1, 2008, notification of the Election Commission of Pakistan (ECP) declaring Sumaira Malik, the granddaughter of the late Nawab of Kalabagh Amir Muhammad Khan, as the returned candidate from constituency NA-69 Khushab-I in the Feb 18, 2008, general elections.

Ms Sumaira Malik was not present in the court to hear the verdict which came on an appeal filed by her opponent Malik Umar Aslam challenging the rejection of April 5, 2013, decision of the Election Tribunal.

Her younger sister, Ms Aila Malik, was also not allowed to contest a recent by-election because of her controversial academic qualification on a seat vacated by PTI chief Imran Khan.

Soon after the decision was announced and apparently as a result of this, one of Ms Sumaira Malik’s supporters, Malik Riaz, suffered a cardiac arrest within the premises of the Supreme Court and died on way to hospital.

Both Umar Aslam and Sumaira Malik had contested the 2008 general elections from NA-69, Khushab-I. Ms Sumaira Malik was declared elected for bagging 61,076 votes. Umar Aslam was the runner up, having secured 60,413 votes.

Mr Umar Aslam challenged the election under Section 52 of the Representation of the Peoples’ Act 1976 (Ropa) on the grounds that the graduation degree of her opponent was bogus. During proceedings before the Supreme Court, Advocate Hamid Khan representing the petitioner had argued that the BA degree of Ms Sumaira Malik had not been obtained in an ordinary way because she had passed her FA in 1981 and did not attempt for BA examination until 2002. The graduation in April 2002 was a desperate attempt to qualify for contesting elections for MNA in 2002.

The counsel also argued that the BA degree had been the result of impersonation, fraud and falsehood and, therefore, such a person was not qualified to become a member of parliament for not being sagacious, righteous, non-profligate and honest as envisaged in Article 62(1-f) of the Constitution.

Citing the 2013 Abdul Ghafoor Lehri case the verdict recalled that there were certain disqualifications under Article 63 of the Constitution which were of temporary nature and a person disqualified under this provision could contest elections after a lapse of a certain period.

But the requirement of Article 62 is of permanent nature and a person has to fulfil certain qualifications/conditions to become eligible to be elected or chosen as a member of parliament. The Article 62 does not provide any period after which a person disqualified under this provision, can be eligible to contest elections of parliament.

“In such view of the matter we hold that a person who is not qualified under Article 62(1-f) cannot become qualified by efflux of time,” the verdict explained> It also cited the 2012 Muhammad Azhar Siddiqui case in which former prime minister Yousuf Raza Gilani was disqualified as a member of the National Assembly under Article 63(1-g) of the Constitution and thus ceased to be the prime minister.

Thus, on account of disqualification under Article 62(1-f) Ms Sumaira Malik was not qualified to contest elections in terms of constitutional provisions and that she was not holding the office of an MNA from constituency 69 with lawful authority, because a disqualified person had no right to represent the electorate of the country, the verdict said.Therefore, on account of such qualification she would not be entitled to contest election in future as well, and if she does contest elections and is declared successful, the ECP shall be bound to de-notify her.