| Citation(s) |
|---|
| 2018 SLG 2564 2018 SLD 2564 2018 PLD 735 |
Sindh High Court
Cons. P. Nos. D-5746, D-5719, D-5754 and D-5732 of 2018, decision & hearing Date : 10-08-2018
MUHAMMAD ALI MAZHAR, JUSTICE ADNAN IQBAL CHAUDHRY, JUSTICE
Petitioner(s) by: M. Umar Lakhani along with Petitioner (in C.P.No.D-5719 of 2018). Irshad Ali Shar along with Petitioner (in C.P. No.D-5754 of 2018). Syed Hafeezuddin along with Petitioner (in C.P. No.D-5732 of 2018). Shaikh Jawaid Mir and Naseer Ahmed K
Cons. P. Nos. D-5746, D-5719, D-5754 and D-5732 of 2018, decision & hearing Date : 10-08-2018
MUHAMMAD ALI MAZHAR, JUSTICE ADNAN IQBAL CHAUDHRY, JUSTICE
Petitioner(s) by: M. Umar Lakhani along with Petitioner (in C.P.No.D-5719 of 2018). Irshad Ali Shar along with Petitioner (in C.P. No.D-5754 of 2018). Syed Hafeezuddin along with Petitioner (in C.P. No.D-5732 of 2018). Shaikh Jawaid Mir and Naseer Ahmed K
MIAN MUHAMMAD SHAHBAZ SHARIF THROUGH ATTORNEY AND OTHERS
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Elections Act, 2017
Section: 95,157
Law: Constitution of Pakistan, 1973
Section: 62,63,199,225
Law: Elections Rules, 2017
Section: R.139(7)
(a) Elections Act (XXXIII of 2017)--- ----S. 157---Returned candidate, declaration of---Principle---Satisfaction of Election Tribunal is required to hold that the petitioner or other contestant candidate obtained more votes than the returned candidate. (b) Elections Rules, 2017--- ----R. 139(7)---Recount of votes---Election Tribunal, jurisdiction of---Scope---Election Tribunal has jurisdiction to direct recount---Election Tribunal under R. 139(7) of Elections Rules, 2017, may refuse to issue order of recount if petitioner has failed to seek recount of votes before consolidation of result or where it is not likely to have an impact on result of election. (c) Elections Act (XXXIII of 2017)--- ----S. 95---Recount of votes---Returning officer, jurisdiction of---Scope---Returning Officer, before commencement of consolidation proceedings, under S.95 of Elections Act, 2017, has jurisdiction to order recount on a request or challenge in writing by contesting candidate if margin of victory is less than 5% of total votes polled in the constituency or 10,000 votes whichever is less or the Returning Officer considers such request as not reasonable--- Election Commission of Pakistan has also been given independent powers under S. 95(6) of Elections Act, 2017 to direct Returning Officer but before conclusion of consolidation proceedings. (d) Elections Act (XXXIII of 2017)--- ----S. 95---Constitution of Pakistan, Arts. 62, 63, 199 & 225---Recounting of votes---High Court, jurisdiction of---Petitioners had assailed election results and sought recounting of votes and also sought issuance of writ of quo warranto--- Validity--- Provisions of Art.199 of the Constitution could be invoked to challenge any irregularity committed during process of election---Once election process was completed it could only be challenged before Election Tribunal---When process of election was completed function and duty of Returning Officer was over and even Election Commission of Pakistan had no jurisdiction to order recounting---Writ in nature of quo warranto was premature as petitioner had mainly focused on issue of recounting---High Court directed that petitioners could file election petition…
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