Case Details

Citation(s)
1986 SLG 1123 1986 SLD 1123 1986 PLD 483
Supreme Court of Pakistan
Civil Appeal No. 140 of 1985, decided 27-04-1986.
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND ALI HUSSAIN QAZILBASH, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court and M. Aslam Chaudhry, Advocate-on-Record for Appellant. Malik Abdul Karim., Advocate Supreme Court with A.W. Butt and S. Abdul Asim Jaffri, Advocate-on-Record (absent) No. 1

KANWAR IJAZ ALI

VS

IRSHAD ALI AND 2 OTHERS

Law:

Section:

(a) Representation of the Peoples Act (LXXXV of 1976)----------- S. 27-Where election proceedings at any station are "interrupted" or. "obstructed" by any "riot or open violence", Presiding Officer shall report circumstances to Returning Officer who may adjourn poll to a date to be notified later-Disturbance taking gplace at election proceedings was over in about 5/6 minutes and there was neither any riot nor any open violence nor was the polling either interrupted or obstructed-Disturbance was handiwork of ' support tern of appellant himself :Appellant was doing poorly at relevant polling station and his supporters thought of stratagem to save the day by securing an adjournment of poll at relevant polling station-Police report and other evidence proved :shat disturbance was result of -doings of appellant's supporters-No. :incident of seriousness, held, had taken place which necessitated adjournment of poll in circumstances. (b) Representation of the peoples Act (LXXXV of 1976)------ -- S. 39-Recounting of ballot-papers-Conditions-Recounting of ballot-paper can only be ordered if conditions laid down in that behalf are fulfilled and Returning Officer is "satisfied that request is reasonable''-Vague allegations not containing adequate statement of material facts cannot be the grounds for recounting-Recount cannot be granted as a matter of right but only on basis of evidence to the effect that there are good grounds for believing that there has been a mistake in the counting. JUDGMENT NASIM HASAN SHAH, J.------This appeal under section 67(3) of the Representation of Peoples Act, 1976, is directed against the judgment, dated 21-5-! 976 passed by the Election Tribunal, Punjab, dismissing the election petition filed by the appellant, Kanwar Ijaz Ali. The appellant, Kanwar Ijaz Ali and respondents Nos. 1 to 3 contested elections for Seat No. PP-214 Okara-IV in the Punjab Provincial Assembly. The elections were held on 28-2-1985 wherein Ch. Irshad Ali, respondent No. 1 obtained 23025 votes while the appellant Kanwar Ijaz Ali secured 22318 votes, There were two other candidates (respondents Nos. 2 and 3) who secured- 9994 and 1060 votes, respectively. Since Ch. Irshad…
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