Case Details

Citation(s)
2015 SLG 1405 2015 SLD 1405 2015 CLC 428
Election Tribunal, Sindh
Election Petition No.10 of 2013, decision dated: 6-12-2014
DR. ZAFAR AHMED KHAN SHERWANI, ELECTION TRIBUNAL
Muhammad Aslam Bhutta for Petitioner. Farooq H. Naik with Barrister Shiraz Rajpar for
Respondent No. 1. Nemo for remaining
Respondents.

Syed GHOUS ALI SHAH

VS

NAWAB ALI WASSAN and 16 others

Law:

Section:

Representation of the People Act (LXXXV of 1976)-------Ss. 52, 68(d), 69 & 78---Election Petition---Illegal and corrupt practices---Proof---Petitioner assailed election on the plea that returned candidate had used illegal and corrupt practices during polling process---Validity---Tangible evidence led to the conclusion that returned candidate committed corrupt practice within the contemplation of S.78 of Representation of the People Act, 1976, as he himself was seen firing at one polling station to deter voters of petitioner from exercising their right of vote---One close relative of returned candidate with his unidentified accomplices abducted, maltreated and illegally confined voters to refrain from voting---Concrete evidence showed that returned candidate was an influential person and relative of ex-home minister in the previous government, prior to caretaker setup---Returned candidate as well as his close relative committed corrupt practice, therefore, election of returned candidate was declared void under S.68(d) of Representation of the People Act, 1976, and petitioner being runner up was declared as elected under section 69 of Representation of the People Act, 1976---Petition was allowed in circumstances. Anada Bachar v. A.R. Khan PLD 1967 Dacca 362; Abdul Hafeez v. M. Tahir Khan Looni 1999 SCMR 284; Zia-ur-Rehman v. The State PLD 1972 Lah. 382; Imran Khan v. Election Commission of Pakistan PLD 2013 SC 120; PLD 2013 SC 410; Jam Mashooq Ali v. Shah Nawaz Junejo 1996 SCMR 426; Sheela B. Charles v. Qaiserl Fraeem Soraya 1996 SCMR 1455; Muhammad Abdul Rauf Siddiqui v. Israr Ahmed Abbasi and others 2014 SCMR 2432; Haji Attaullah Baloch v. Asadullah Baloch 2012 CLC 469;, Muhammad Sadiq v. Allah Ditta 2012 CLC 495; Muhammad Yusuf Khan Khattak v. S.M. Ayub PLD 1973 SC 160; Hoshang and others v. Dr. Eddie P. Bharcucha PLD 1973 SC 206; Muhammad Hussain Mehanti v. Abdul Rashid Godil, 2014 CLC 293; Mir Shahnawaz Khan v. Manzoor Hussain Wassan 2014 CLC 1042; Ch. Allah Ditta v. Muhammad Azeem Bhatti 2014 CLC 1051; Abdul Raja Razzak v. Abdul Hakeem Baloch 2014 CLC 574; Messrs Lahore Electric Supply Co. Ltd. v. Province of Punjab 2014 CLC 590 and Syed Mashooq…
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