PESHAWAR Election Tribunal comprising Justice Dost Muhammad Khan, unseated MPA Gulistan Khan elected from the PF-69 Tank on grounds that his degree awarded by a religious seminary was not equal to graduation. The Tribunal declared Habibullah Khan Kundi as successful candidate under Section 67 of the Peoples of Representation Act 1976. The Tribunal, in its detailed judgment, said that Gulistan Khan ceased to hold the office and directed the Election Commission of Pakistan to issue a notification declaring Habibullah Kundi as elected MPA, as he was the candidate received second highest votes in the general election of 2008. Gulistan Khan had contested election from PF-69 Tank in last general election and was declared successful after receiving more than 20,000 votes. However, before elections, the objection was raised on his nomination papers with regard to his qualification, as it was mandatory for the candidates to have degree of graduation. On the objections, his nomination papers were rejected and then he moved to tribunal and ultimately the matter went to the Supreme Court, where he got interim relief for contesting elections. The apex court disposed of its petition in June 2009, directing the Election Tribunal to decide the matter within two months. Mr Kundi challenged his status as a candidate stating that Gulistan Khans degree was fake, therefore, on day of filing of the nomination of paper, Mr Gulistan was incompetent to contest the election. He stated that when nomination papers were filed Mr Gulistan left the qualification column blank. The petitioner further stated that his degree was stated to be issued by Daraul-Uloom-Mahmoodia Azeemabad Bannu, which is not affiliated with Wifaqul Madaras, al-Arabia. Beside this, the registration number of the very degree issued by Jammia Saadat-Uloom, Waziristan. On these grounds Gulistan Khan was not eligible to contest the election at that time, therefore, holding of a public office is against the law and the petitioner (Habibullah Khan Kundi) should be declared successful candidate under the law. However, Gulistan Khans counsel while defending his client on various grounds stated that Daraul-Uloom Mahmoodia was authorised to issue degree to his client.