| Citation(s) |
|---|
| 2017 SLG 1302 2017 SLD 1302 2017 PLD 684 |
Supreme Court of Pakistan
Civil Appeal No. 13-Q of 2014, decided on 18th May, 2017. Heard on: 18th May, 2017. (Against judgment Dated 14.04.2014 of the Election Tribunal, Quetta-I passed in E.P. No. 67 of 2013)
GULZAR AHMED, JUSTICE, MAQBOOL BAQAR, JUSTICE, IJAZ UL AHSAN, JUSTICE
Kamran Murtaza, Advocate Supreme Court for Appellant. Hadi Shakil Ahmed, Advocate Supreme Court for
Respondent No.1.
Civil Appeal No. 13-Q of 2014, decided on 18th May, 2017. Heard on: 18th May, 2017. (Against judgment Dated 14.04.2014 of the Election Tribunal, Quetta-I passed in E.P. No. 67 of 2013)
GULZAR AHMED, JUSTICE, MAQBOOL BAQAR, JUSTICE, IJAZ UL AHSAN, JUSTICE
Kamran Murtaza, Advocate Supreme Court for Appellant. Hadi Shakil Ahmed, Advocate Supreme Court for
Respondent No.1.
SYED KHALIQ SHAH
VS
ABDUL RAHEEM ZIARATWAL AND others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)---.--- ---.----S. 70(b)---.---Ground for declaring election as a whole void---.---Election for seat of Provincial Assembly---.---Allegations of rigging and corrupt or illegal practices based on unreliable oral evidence---.---Absence of documentary evidence---.---Effect---.---Constituency in question contained a total of 51 polling stations and the runner-up candidate (apellant) alleged rigging, corrupt and illegal practices in 41 polling stations---.---Out of the said 41 disputed polling stations, returned-candidate prevailed in only 10---.---In the remaining 31 polling stations, either the runner-up candidate or other candidates secured higher number of votes---.---Comparative table of votes obtained by the runner-up candidate and some of the other candidates showed that even in those polling stations where returned-candidate won there was no apparent or marked abnormality in the number of votes polled in favour of the returned-candidate---.---Votes polled were almost evenly divided amongst the candidates---.---Perusal of statements of the witnesses produced by the runner-up candidate showed that they did not adequately support the statements made in their affidavits, contradicted themselves in cross-examination, and did not inspire confidence as to their truthfulness and veracity---.---Despite allegations of illegal and corrupt practices, and dereliction of duty and connivance on the part of the election officials, no written application was filed before any competent authority at any stage---.---Allegation of casting of bogus votes remained unproved and unsubstantiated by any independent and reliable evidence---.---None of the election agents of returned-candidate or the Election Commission officials allegedly involved in rigging or corrupt practices were named or identified---.---No documentary evidence of any nature to substantiate allegation of shifting of polling stations and appointment of Returning Officers and Deputy Returning Officers at the behest or under the influence of returned-candidate was brought on record---.---Runner-up candidate admitted in his cross-examination that he did not have any…
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