| Citation(s) |
|---|
| 1988 SLG 226 1988 SLD 226 1988 SCMR 105 |
Supreme Court of Pakistan
Civil Appeals Nos. K-1 and K-2 of 1986, heard on 13th August, 1987, Date of hearing: 13th August, 1987. (On appeals from the judgments, dated 15-1-1986 of the Election Tribunal, Sind at Karachi passed in Election Petitions Nos. 4 and 24 both of 1985).
ZAFFAR HUSSAIN MIRZA, JUSTICE, SAAD SAOOD, JAN, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Muhammad Ali Sayeed, Advocate Supreme Court and Hafiz Abdul Baqi, Advocate-on-Record for Appellant (in both Appeals). M.G. Dastgir, Advocate Supreme Court and S.M. Abbas, Advocate-on-Record for
Respondents Nos. 1 and 4 (in both Appeals). S. Hamid Hussai
Civil Appeals Nos. K-1 and K-2 of 1986, heard on 13th August, 1987, Date of hearing: 13th August, 1987. (On appeals from the judgments, dated 15-1-1986 of the Election Tribunal, Sind at Karachi passed in Election Petitions Nos. 4 and 24 both of 1985).
ZAFFAR HUSSAIN MIRZA, JUSTICE, SAAD SAOOD, JAN, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Muhammad Ali Sayeed, Advocate Supreme Court and Hafiz Abdul Baqi, Advocate-on-Record for Appellant (in both Appeals). M.G. Dastgir, Advocate Supreme Court and S.M. Abbas, Advocate-on-Record for
Respondents Nos. 1 and 4 (in both Appeals). S. Hamid Hussai
MOULANA MUHAMMAD ZAKARIYA
VS
MUHAMMAD ALI AND OTHErs
Law: Representation of the People Act, 1976
Section: 33(1)(5)(B),2(1),28,11(i)
Representation of the People Act (LXXXV of 1976)-- ---Ss. 33(1)(5)(b), 21(1) 28--Representation of the People (Conduct of Election) Rules, 1976, R.11(i)--Mixing up/interchange of symbols allocated to two of the candidates as a result of misprinting of ballot-papers by the Election Commission, where both the candidates were without any fault on their part--Effect--Election Tribunal declaring the election as a whole to be void--Appeal against before Supreme Court--Held, both the candidates were placed in a disadvantageous position even before the polls started and such candidates were excluded from election and this was not such a case where it could be said that a fair election or the one envisaged by Act had been held and interchange/ mixing Up of symbols this materially effected the result of the election--Appeals dismissed in circumstances. JUDGMENT SAAD SAOOD JAN, J.- These are two appeals from the order, dated 15-1-1986 of the Election Tribunal, Sind, declaring the election to the Provincial Assembly from Constituency No. P.S. 78, Karachi-III, as a whole to be void. 2. The facts in these appeals lie within a narrow compass. The election to the said Constituency was held on 28-2-1985. It was contested by 31 candidates, including the appellant, Muhammad Ali son of Fayyaz Hussain and Muhammad Ali son of Muhammad Wasi. In these appeals we are concerned only with these three candidates. The appellant secured the highest number of votes and was declared elected. 3. For the purpose of election Muhammad Ali son of Fayyaz Hussain was allotted the symbol of Racket while Muhammad .Alt son of Muhammad Wasi was allocated the symbol of Sewing machine. But on the ballot-papers the two symbols were mixed up; thus, against the name of Muhammad Ali son of Fayyaz Hussain, picture of a sewing machine appeared while against the name of Muhammad Ali son of Muhammad Wasi, picture of a racket was printed. 4. Both Muhammad Ali son of Fayyaz Hussain and Muhammad Ali son of Muhammad Wasi filed separate election petitions to challenge the validity of the election. The two petitions were tried together. Although in their petitions they had attacked the validity of the election…
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