Case Details

Citation(s)
2016 SLG 2312 2016 SLD 2312 2016 SCMR 1632
Supreme Court of Pakistan
Civil Appeal No. 886 of 2014, decided on 30th May, 2016. Date of hearing: 30th May, 2016. (On appeal against the judgment Dated 16-6-2014 passed by Election Tribunal, Lahore in Election Petition No. 262 of 2013)
ANWAR ZAHEER, JAMALI, C.J., AMIR HANI MUSLIM AND FAISAL ARAB, JJ
Muhammad Shahzad Shoukat, Advocate Supreme Court for Appellant. Syed Hamid Ali Shah, Advocate Supreme Court for
Respondent No. 1.

MUHAMMAD YAQOOB NADEEM SETHI

VS

MUHAMMAD ILYAS KHAN AND OTHERS

Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----S. 70(b)---Allegation of stuffing ballot boxes with bogus votes---Election Tribunal appointed Commission to inspect the election record and submit his report---Each and every ballot paper that was declared valid by the Commission contained the signatures and stamps of the Presiding Officers---Tally of counterfoils of the votes cast in the constituency stood at 92837 and corresponding to said figure, the number of votes polled were 92659---Difference was of merely 178 votes---Question of stuffing of ballot boxes with bogus votes, thus, did not arise---As the returned candidate's winning margin was 3982 votes, the difference of 178 missing votes would have made no impact on the final result---Except for the Commission's report the runner-up candidate did not present any other piece of evidence from which it could be gathered that the returned candidate or his agent or any polling staff indulged in bogus voting on the polling day---With regard to Commission's report, the runner-up candidate did not even seek verification of any set of ballot papers from the National Database and Registration Authority (NADRA)---Nothing substantial came on record which would have justified nullifying the election result---Appeal was allowed accordingly and order of Election Tribunal whereby it declared election as a whole to be void was set aside. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:----------------- In the General Elections held on 13.5.2013 on for Provincial Assembly constituency PP-175 Kasur-I, the appellant was declared returned candidate whereas the respondent No. 1 was runner-up. The appellant secured 33758 votes whereas 29149 votes were bagged by respondent No. 1. The respondent No. 1, however filed election petition alleging that the appellant in connivance with the polling staff and the Returning Officer adopted illegal and corrupt practices and indulged in bogus voting. Both the parties adduced evidence in support of their respective pleas. During the pendency of the election petition, the respondent No. 1 applied for inspection of the election record under section 45 of Representation of the People Act,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492