ISLAMABAD, Aug 2: The Supreme Court on Monday dismissed an appeal of Pakistan Muslim League Senator from Balochistan Mohammad Sarwar Khan Kakar against a Balochistan High Court order that his application would be decided with a disqualification petition against him.

An SC bench comprising Chief Justice Nazim Hussain Siddiqui, Justice Nawaz Abbasi and Justice Shakirullah Jan dismissed the petition after hearing the leader of the house in the Senate, Wasim Sajjad, who appeared on behalf of Sarwar Kakar.

The petitioner in his application before the BHC had challenged the high court's jurisdiction to decide an election matter being pursued on the grounds that he did not hold a graduation degree.

He had asked the high court to decide his application through a preliminary hearing instead of deciding it with the main petition. Otherwise, he had stated, he would have to call evidence and cross-examine witnesses, which might be a futile exercise if it was held that the high court had no jurisdiction in the matter.

In his petition before the Supreme Court, he quoted Article 225 of the constitution, which states that no election to a house or a provincial assembly should be called in question except through an election petition presented to an election tribunal.

Sarwar Kakar was elected senator on Feb 24, 2003. His opponent, National Awami Party, Balochistan, chief Azizullah, advocate, filed an objection before the provincial election commissioner, pleading that Mr Kakar was not a graduate and he could not become a senator.

The returning officer rejected the objections on Jan 29, 2003, against which an appeal was filed before Election Commission member Justice Ahmed Khan Lashari, who dismissed the appeal.

Mr Azizullah then filed a petition before the BHC. The constitutional petition was admitted by the high court but the petitioner also filed the application challenging the jurisdiction of the BHC.