Case Details

Citation(s)
2016 SLG 394 2016 SLD 394 2016 PLD 97
Supreme Court of Pakistan
Civil Appeal No. 307-L of 2015, decided on 28th October,2015. Dates of hearing: 21st, 22nd, 26th, 27th and 28thOctober, 2015.
MIAN SAQIB NISAR, GULZAR AHMAD AND UMAR ATA BANDIAL, JJ
M. Shahzad Shaukat, Advocate Supreme Court along with Appellant (in person).Makhdoom Ali Khan Senior Advocate Supreme Court, Tariq Aziz, Advocate-on-Record along with
Respondent No. 1 (in person).

MUHAMMAD SIDDIQUE BALOCHVsJEHANGIR KHAN TAREEN and others

Law: Representation of the People Act, 1976

Section: 33,33(2)(e),33(3)(c),70(a),78,83,83(1)(b ),99(1A)(l)

Law: Constitution of Pakistan, 1973

Section: 218(3),62,62(1)(f),63

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 33(2)(e) & 33(3)(c), 70(a), 78, 83(1)(b) & 99(1A)(l)---Widespread violations of provisions of Representation of the People Act, 1976 by election staff materially affecting the election result---Non-signing/non-stamping of counterfoils of ballot papers by the Presiding Officers---Absence of the thumb impression of the voter on the voters' list---Suspect, dubious and bogus votes---Result of the election was materially affected for two reasons: first because of the widespread and extensive violations of the Representation of the People Act, 1976 and Rules framed thereunder by election staff on election day, and secondly because of the fact that after adjusting the disputed votes against the lead of the returned candidate, his margin of victory was eliminated to a losing difference from the tally of the runner-up candidate---However, no direct or circumstantial evidence on record proved that violations of election law committed by election staff were procured by returned candidate---Fact that the returned candidate won the election could not be presumed as proof that he procured violations of election law---Supreme Court declared that election in the constituency was void as a whole but returned candidate could not be punished for neglects or defaults by the election staff---Supreme Court directed the Election Commission of Pakistan to hold a fresh election in the constituency. Reports submitted by District Returning Officer and Regional Election Commissioner showed that at many polling stations the counterfoils of the ballot papers cast in the election did not at their back bear the signature and/or stamp of the Presiding Officer as required under Section 33(2)(e) of the Representation of the People Act, 1976, and that there was absence of thumb impression of the voter on the voters' list. National Database and Registration Authority (NADRA) conducted verification of election record of the constituency and submitted its report wherein it was stated that a large number of counterfoils contained bad quality finger prints that were not readable, or bore invalid or no CNIC numbers; that 22,216…
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