PESHAWAR, July 1: Holders of sanads issued by non-statutory Wafaqul Madaris were not eligible to contest the October polls, a Peshawar High Court election tribunal held in a detailed order on Tuesday.
Elaborating his Monday’s order unseating Muttahida Majlis-i- Amal’s MNA Mufti Ibrar Sultan, Justice Tariq Pervaiz, who constituted the tribunal, observed that the word sanad nowhere occurred in the relevant provisions laying down the qualifications of legislators, that is, sections 8 (a) and 9(cc) of the Conduct of General Elections Order 2002.
He said award of degrees was an authority conferred on universities and other institutions of higher learning by law. The Wafaqul Madaris or the madressah functioning under it had not been empowered to award degrees by any statute or the University Grants Commission Act 1974. Their certificates or sanads might be of some academic use but could not be a substitute for university degrees.
The tribunal observes that the notification issued by the Election Commission in response to a UGC letter did create some confusion. But the EC notification itself made it clear that the eligibility of sanad holders was subject to fulfilment of other qualifications prescribed by the law.
The tribunal held that the intention of the legislature was clear that they were not considering sanad holders to be qualified for election.
The tribunal ruled: “The sanad held by respondent No. 1 (Mufti Ibrar) is held not to be a qualification of a bachelor’s degree nor recognised by the University Grants Commission as equivalent to a bachelor’s degree nor is a degree under any other law for the time being in force.”
The tribunal deliberated on Article 8-A of the Conduct of General Elections Order 2002, Section 9(cc) of the Representation of Peoples Act 1976, the reply of University Grants Commission to the Election Commission of Pakistan (EC) of July 22, 2002, and the notification of the EC of July 29, 2002, through which directions were issued regarding the sanad of Shahadatul Ilmiya Fil Uloom-i-Arabia Wal Islamia granted by Wafaq/Tanzeemul Madaris.
The tribunal observed that the notification of the UGC of July 22, 2002, was very clear that sanad referred to in the notification of July 29, 2002, of the EC was equivalent to M.A. Arabic and Islamic Studies but only for teaching purposes and for any other employment, the holder of this sanad was required to qualify two additional subjects at the B.A. level from a recognized university.
“All universities in Pakistan are created under a statute or they are chartered by statutory provisions. By strength of their constitution they are entitled to issue degrees. No document is produced before me to prove that Wafaqul Madaris can issue a degree or that the same was chartered,” the tribunal held.
It added that in the Conduct of General Election Order 2002 the word sanad is expressly omitted, the intention of the legislature being clear that they were not considering sanad holders to be qualified for election.
The tribunal elaborated that a letter was addressed to the UGC on July 18, 2002, by the EC soliciting the names of degrees recognized as equivalent to a bachelor’s degree under the University Grants Commission Act 1974 in the light of Article 8-A of the Conduct of General Election Order.
It was replied to by the UGC on July 22, 2002, and in the light of that reply a notification was issued by the EC on July 29, 2002.
In that notification it was mentioned that for the purpose of election, the holders of the sanad concerned should be eligible to contest elections subject to fulfilment of other qualifications laid down in the electoral laws/rules, within contemplation of Article 8-A of the Conduct of General Election Order.
The tribunal observed that the notification issued by the EC created some confusion and therefore was acted upon by the returning officer in this case but without caring to press into service contemplation of Article 8A of the Conduct of Election Order 2002 of which there was a specific reference in the notification itself.
Justice Tariq Pervez held that the notification itself did not suffer from any illegality provided it was seen in its totality.
The tribunal observed that qualification as required under Article 8A of the Conduct of Election Order 2002 read with Section 9(cc) of the Representation of People’s Act were the law in force and a person before contesting elections must be subjected to the test as required under these two sections.
“Neither of the two provisions of law refers to any sanad but to a degree that too either a degree issued by any university in Pakistan or a degree recognized as a bachelor’s degree by UGC under the UGC Act 1974 or under any other law for the time being in force,” it said.