Law: Elections Act, 2017

Section: 9(5)

Election Act, 2017 (XXXIII of 2017)-- ----S. 9(5)--General Elections--Declaration as returned candidate--Election petitions--Declaration of Election nul and void--Attack on troops--Lodging of FIRs--Lapses of Law and Order--Riging facilitation--Harassment of electionstaff--Violation of election laws--Challenge to--We are in no manner of doubt that election of PB-05, Duki was not held in a peaceful, free and fair manner and there were major violations of Election Laws which can neither be condoned nor ignored--An election is required to be held in a free, fair and transparent manner, and electorate must be given an unqualified, free and unconditional choice to vote for candidates of their choice without fear or intimidation--In view of material available on record, ECP had no choice but to declare election null and void and direct constituency to elect its representative in accordance with law without fear or intimidation--Learned counsel for appellant has not been able to point out any illegality, error, flaw or defect in of Election Tribunal that may require interference by this Court in exercise of its powers u/S. 9(5) of Election Act, 2017--Petition was dismissed. THIS JUDGMENT DELIVERED BY: IJAZ-UL-AHSAN, J.- These appeals are directed against an order of the Election Commission of Pakistan ("ECP") dated 05.10.2018. Through the impugned order, the election petitions filed by the Respondents were accepted and election of PB-05, Duki was declared as null and void with a direction for follow up action in this regard. 2. The brief facts necessary for decision of this lis are that General Election for PB-05, Duki was held on 25.07.2018. Sardar Masood Khan Luni, the Appellant was declared the Returned Candidate having secured 13638 votes followed by Sardar Dur Muhammad Nasir and others. Respondent No. 8 filed election petitions before the ECP. Directions were issued to the concerned Returning Officers to submit comprehensive reports which stated that there were complaints against at least three Presiding Officers against whom actions had been taken. Further, there were certain polling stations which had been taken over by the parties. Consequently, unreasonably…

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