| Citation(s) |
|---|
| 2018 SLG 2152 2018 SLD 2152 2018 PLD 749 |
Civil Appeals Nos. 369, 835 and 885 of 2015, decided on 12-07-2018. Dates of hearing: 6th, 21st February, 8th, 14th and 19th March, 2018. Against the judgment Dated 4-5-2015 passed by Election Tribunal, Faisalabad (Camp at Lahore) in Election Petitions Nos. 194 and 129 of 2013.
SH. AZMAT SAEED, JUSTICE MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Kh. Haris Ahmad, Senior Advocate Supreme Court assisted by Umer Riaz, Advocate Supreme Court, Tariq Aziz, Advocate-on-Record along with Khawaja Saad Rafique for Appellants (in C.A. No.369 of 2015) Muhammad Shahzad Shaukat, Advocate Supreme Court for Appellant (in C.As. Nos. 835 and 885 of 2015). Mian Muhammad Hussain Chotya, Advocate Supreme Court assisted by Barrister, M. Aslam Sheikh, Mian Aleem Latif, Rai Farhan Khan and Rafiq Ahmad Bhatti, Advocate along with Hamid Khan for
Respondents (in C.As.369 and 835 of 2015). Nemo for
Respondents (in C.A. No.885 of 2015).
KHAWAJA SAAD RAFIQUE AND OTHERS
VS
HAMID KHAN AND OTHERS
Law: Representation of the People Act, 1976
Section: 67(1)(d),70
Representation of the People Act (LXXXV of 1976)--- ----Ss. 67(1)(d) & 70---Corrupt and illegal practices---Lapses and irregularities by election officials and staff---Question as to whether election was materially affected to declare the same void as a whole---Election Tribunal concluded that the Returning Officer and polling staff failed to comply with the provisions of Representation of the People Act, 1976 and all the rules and guidelines provided to them for the conduct of polls; that extensive illegal practices prevailed throughout the constituency, which were more than enough to hold that the election had been materially affected; consequently the election for the constituency was declared to be void as a whole---Held, that entire evidence of election petitioner/runner-up candidate relating to corrupt and illegal practices was based on hearsay of his polling agents --- Petitioner chose to put forth only 8 polling agents as his witnesses out of a total of 265 polling stations---Evidence of two such polling agents was discarded by the Election Tribunal---More importantly none of the polling agents of the petitioner made any complaint in writing either to the petitioner nor to any Presiding Officer, District Returning Officer and/or the Election Commissioner---Petitioner highlighted variation of 893 votes between vote counts as reflected in Form 14 and Form 16 respectively, however the margin of victory of returned candidate was a staggering 38,921 votes and not merely a few hundred votes---Forensic verification of counterfoils with thumb impressions revealed that total number of invalid counterfoils due to invalid CNIC or lack of CNIC number, or out of constituency votes, or duplicate votes, or lack of fingerprints, were 7892 in number, which was far less than the total lead of 38921 votes obtained by the returned candidate---Any lapses on part of the elections officials or staff brought on record by the petitioner were post-election in preserving the election record---Lapses on part of District Returning Officer, Returning Officer and polling personnel were not sufficient enough to discredit the entire exercise of franchise---Result of election would…
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