| Citation(s) |
|---|
| 2018 SLG 1384 2018 SLD 1384 2018 SCMR 1166 |
C.P. No. 3122 of 2017, decision Dated: 08-05-2018, hearing Date : 19-04-2018. On appeal against the judgment Dated 07.07.2017 passed by the Islamabad High Court, Islamabad, in W.P. No. 4815 of 2016
GULZAR AHMED, JUSTICE, QAZI FAEZ ISA, JUSTICE
Kh. Haris Ahmed, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioners. Mubeen uddin Qazi, Advocate Supreme Court and Tariq Aziz, Advocate-on-Record for Nemo for
Respondents Nos. 3 and 4. Abid Hussain, DRO, Khushab for
Respondent No. 5. Abdul Hameed Sumbal, R.O. for
Respondent No. 6. Israr Ahmed, Presiding Officer for
Respondent No. 7. Muhammad Arshad, D.G. (Law) and Muhammad Ishaq, Director Protocol, ECP for
Respondent
MALIK AMEER HAIDER SANGHA AND ANOTHER
VS
MRS. SUMAIRA MALIK AND OTHERS
Law: Punjab Local Government Act, 2013
Section: 18(1)
Law: Punjab Local Government (Conduct of Elections) Rules, 2013
Section: 78
Law: Constitution of Pakistan, 1973
Section: 140A, 218(3) & 219(d)
Punjab Local Governments Act (XVIII of 2013)--- ----S. 18(1)---Punjab Local Government (Conduct of Elections) Rules, 2013, R. 78---Constitution of Pakistan, Arts. 140A, 218(3) & 219(d)---Election for Chairman and Vice-Chairman of District Council---Violation of secrecy of ballot---Power of Election Commission to order a re-poll before it had notified elections results---Due to violation of secrecy of ballot during voting the Election Commission set aside the election and directed that re-poll be conducted---High Court held that the Election Commission could not have ordered re-poll as it did not have such power, particularly when the dispute was one, "which could not have been resolved without recording of evidence", and that the petitioners (runner up candidates) could have challenged the elections by filing an election petition---Legality---Election Commission had the power to order a re-poll (for a local government election) before it had issued the notification declaring the winning candidate/s---In the present case, the Presiding Officer personally observed that a number of voters had breached the secrecy of the ballot and submitted a written complaint---Sealed bag in which the record of the election was stored contained the complaint of the Presiding Officer on which appeared the signature of the Returning Officer in confirmation of its receipt---In his complaint the Presiding Officer also named the voters who had shown their ballot papers after they had marked them but before they had put them in the ballot box, therefore, it was not understandable as to why there was a need to record additional evidence by the Election Tribunal, as held by the High Court---Sufficient grounds were available before the Election Commission to order a re-poll---Supreme Court directed the Election Commission to hold re-election to the posts of Chairman and Vice Chairman of the concerned District Council and in such regard to issue a fresh election schedule at the earliest---Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: Qazi Faez Isa, JUSTICE---.--- The petitioners and the private respondents were elected on the basis of adult franchise as members of…
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