| Citation(s) |
|---|
| 2015 SLG 208 2015 SLD 208 2015 SCMR 890 |
Supreme Court of Pakistan
Civil Appeal No. 31 of 2014, decision dated: 7-03-2014. (Onappeal from judgment, dated 31-12-2013, passed by ElectionTribunal, Abbottabad, in Election Petitions Nos.76 of 2013and Election Tribunal(sic.) No. 6 of 2013)
TASSADUQ HUSSAIN, JILLANI, C.J., KHILJI ARIF HUSSAIN AND SH. AZMAT SAEED, JJ
Hamid Khan, Senior Advocate Supreme Court for Appellant. Miangul Hasan Aurangzeb, Advocate Supreme Court assisted by Abdul Rehman Qadir, Advocate Supreme Court and Hamid Ahmad, Advocate for
Respondent. Sher Afghan, DG, ECP, Abdur Rehman, Additional DG, EC
Civil Appeal No. 31 of 2014, decision dated: 7-03-2014. (Onappeal from judgment, dated 31-12-2013, passed by ElectionTribunal, Abbottabad, in Election Petitions Nos.76 of 2013and Election Tribunal(sic.) No. 6 of 2013)
TASSADUQ HUSSAIN, JILLANI, C.J., KHILJI ARIF HUSSAIN AND SH. AZMAT SAEED, JJ
Hamid Khan, Senior Advocate Supreme Court for Appellant. Miangul Hasan Aurangzeb, Advocate Supreme Court assisted by Abdul Rehman Qadir, Advocate Supreme Court and Hamid Ahmad, Advocate for
Respondent. Sher Afghan, DG, ECP, Abdur Rehman, Additional DG, EC
Dr. RAJA AAMER ZAMANvsOMAR AYUB KHAN and 9 others
Law: Representation of the People Act, 1976
Section: 55(1)(b),55,33(2)(b),33(2)(c),38,68,67,6 8,70
(a) Representation of the People Act (LXXXV of 1976)--- ----S. 55(1)(b)---Election petition, contents of---Illegal and corrupt practices, details of---Compliance with provisions of S. 55 of the Representation of the People Act, 1976---Scope---Failure of the election officers and staff to conduct the election in accordance with the provisions of Representation of the People Act, 1976---Appellant was declared as the returned candidate for the constituency in question, against which the respondent-candidate filed an election petition before the Election Tribunal---Contention of appellant was that election petition merited dismissal as it did not set out the full particulars of the alleged illegalities and corrupt practices as required by S. 55(1)(b) of Representation of the People Act, 1976---Validity---Provisions of S. 55 of the Representation of the People Act, 1976, were primarily limited to illegal and corrupt practices attributable to the candidates or their representatives---Failure of the election officers and staff to conduct the elections in accordance with the applicable provisions was a separate matter and the requirements of S. 55 of the Representation of the People Act, 1976 qua the particularity of the details thereof may not apply with the same force and rigor---Allegations in such behalf need only be detailed as far as was possible in the circumstances of each case---Allegations of respondent-candidate in the present case pertained to the non-compliance of the provisions of Representation of the People Act, 1976, and the Rules framed thereunder by the election staff in several polling stations---Election petition in the present case contained the allegations that in certain polling stations the electoral lists were lying unused while in other polling stations the electoral lists were missing, and that the envelope of rejected votes in certain polling stations were also missing---Annexures were attached with the election petition giving details of such allegations---Grievance of respondent-candidate with regards to failure of the election staff to comply with the Representation of the People Act, 1976, and the relevant Rules had been pleaded with…