ISLAMABAD, July 2: The Supreme Court announced on Tuesday that it would take up on July 9 two constitutional petitions filed by PML (Q) and ANP, challenging the condition of minimum educational qualification of B.A. or its equivalent for the candidates of Senate, National Assembly, and provincial assembly seats.
The apex court has also issued notice to the Attorney-General and advocates general of the provinces, and directed them to submit written statements in the case by July 8.
Pakistan Muslim League (Q) and Awami National Party, in their separate writ petitions, filed under Article 184 (3), have challenged the minimum education qualification, terming it violative of the fundamental rights of the citizens.
The PML(Q) was the first political party which had challenged the graduation condition. The ANP filed its petition on Monday.
Both the parties questioned the validity of the Chief Executive order, inserting Article 8-A in the Conduct of Election Order 2002, prescribing minimum educational qualification for a member of Majlis-i-Shoora and provincial assemblies and senate.
The parties stated that insertion of Article 8-A in the Conduct of General Election Order 2002, was tantamount to amending the salient features of the Constitution.
It was further stated that insertion of Article 8-A in the Conduct of General Election Order 2002, would dismantle the parliamentary form of the government in the country.
The parties stated that Article 8-A could not be justified even on the touchstone of the state necessity or other legal instructions. Insertion of Article 8-A in the Conduct of General Election Order 2002 was not within the purview of Zafar Ali Shah case judgment, under which the military takeover was validated on the doctrine of necessity, they argued.
The parties stated that no law could be promulgated which takes away the right of adult franchise and universal suffrage.
The petitioners would be represented by Syed Iftikhar Hussain Gillani and Qazi Mohammad Anwar.
They prayed to the court to declare the Chief Executive’s order bringing an amendment to Conduct of General Election Order 2002, ultra vires of the Constitution, and fixing the qualification of B.A. for the members of the NA and PA illegal and unconstitutional.