Case Details

Citation(s)
2020 SLG 2201 2020 SLD 2201 2020 YLR 2031
Election Tribunal, Balochistan
Election Petition No. 10 of 2018, decision Dated: 27-09-2019, hearing Date : 14-09-2019
ABDULLAH BALOCH, JUSTICE
Muhammad Riaz Ahmed, T.H. Khan and Bilal Haider for Petitioner. Dr. Babar Awan, Nazar Muhammad Baloch, Ayub Tareen, Zahir Achakzai, Abdul Qadoos and Jamil Agha for
Respondent No.1. Nazir Agha for
Respondent No.5. Zubair Naseem Khawaja, Legal Advisor NA

MIR LASHKARI RAISANI

VS

QASIM KHAN SOORI AND OTHERS

Law: Elections Act, 2017

Section: 139,84,95,15491)(b)(ii)(iii),156(2),158

Law: Constitution of Pakistan, 1973

Section: 218(3)

(a) Elections Act (XXXIII of 2017)--- ----Ss. 139, 84, 95, 154 (1)(b)(ii)(iii), 156(2) & 158---Constitution of Pakistan, Art. 218 (3)---Election petition---Election for the seat of Member National Assembly---Allegations of illegal and corrupt practices---Violation of provisions of Elections Act, 2017---Effect---Bogus votes---Verification of thumb impressions of voters on the counterfoils of ballot papers---Witnesses produced by the petitioner had specifically alleged that votes obtained by the petitioner were snatched, double stamped and spoiled---Large number of votes were declared invalid and excluded from the total count---Rejection of votes on widespread scale could not be ruled out of consideration and the assertions of witnesses of petitioner---Sufficient evidence had been produced by the petitioner with regard to commission of massive rigging in the elections by the supporters and agents of returned candidate with the connivance of polling staff had failed to produce even a single evidence in support of his contention---Bald denial of returned candidate was not enough to discard the evidence produced by the petitioner---Bogus votes had been cast without appending fingerprints of the voters on the counterfoils of ballot papers---Report prepared by National Database and Registration Authority for verification of thumb impressions of voters on the counterfoils of ballot papers had established the allegations of casting bogus votes by means of impersonation---Neither the votes cast on invalid Computerized National Identity Card were acceptable nor mentioning of incomplete Identity Card number could be considered as human error---More than 45% of…
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