Sections 62 and 99 (c) (CC) Conduct of General Election Order (7 of 2002), Article 8A Higher Education Commission Ordinance (LII of 2002), Section 10 (o) Election Petition Provincial Assembly, Disqualification of Retired Candidate Election Retired candidate papers on 26 11 2007, based on the Bachelor of Business Administration degree issued on March 11, 2003, but certified by East Hyderabad University on 12 9 2008, validity records show that such university The Higher Education Commission had not recognized it since October. , The actual record of such degree was not available to the University from August 2007 to August 15, 2008. A copy of such degree was certified by the University on 12 9 2008, ie approved by HEC. It was important to submit nomination papers by the back and returning candidate. Doubts and dubious graduate qualifications for examining a candidate's eligibility cannot impose a positive obligation on a candidate to establish his or her qualification. Indication of eligibility to take part in the general election was not required by law for retiring candidate on the basis of degree as on the day of the nomination, to indicate that he was not graduating from a recognized university. There was no evidence on record that such an ineligible retired candidate was notorious, so the Election Tribunal did not declare the candidate with the next highest number of votes, as the returning candidate is not eligible under the law to contest the election. And directed the Election Commission to hold fresh elections in the state.
Related judgments — Election Tribunal Punjab, 2010
