| Citation(s) |
|---|
| 1999 SLG 1109 1999 SLD 1109 1999 CLC 2039 |
Election Tribunal, Pakistan
Education Petition No.73 of 1997, decision dated: 10-08-1995
JUSTICE RASHEED A. RAZVI, ELECTION TRIBUNAL CAPT.
Hafiz Abdul Baqi for Petitioner, Miss Masooda Siraj and Abdul Ghafoor for
Respondent No. 4.
Respondents Nos.5 to 12. Ex parte
Education Petition No.73 of 1997, decision dated: 10-08-1995
JUSTICE RASHEED A. RAZVI, ELECTION TRIBUNAL CAPT.
Hafiz Abdul Baqi for Petitioner, Miss Masooda Siraj and Abdul Ghafoor for
Respondent No. 4.
Respondents Nos.5 to 12. Ex parte
Syed MUHAMMAD ALI
VS
THE RETURNING OFFICER, P.S. 89, DISTRICT COURTS, Karachi High Court and 11 others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)-------Ss. 52, 55(1) & 68---Election petition---Corrupt and illegal practice---Proof---Unseating of returned candidate---Requirements---Petitioner filed election petition against returned candidate on the allegations of corrupt and illegal practice---Petition did not disclose full particulars of such allegations--No evidence was produced to prove corrupt or illegal practice committed by or with the consent or connivance of returned candidate or his agent---Burden to prove allegations was heavily on petitioner---Mere words of petitioner were not sufficient to prove allegations against returned candidate---Petition was dismissed in circumstances. 1998 CLC 1241; Muhammad Saeed and others v. Election Petitions Tribunal West Pakistan and others PLD 1957 SC 91; Muhammad Yousuf Khan Khattak v. S.M. Ayub and 2 others PLD 1973 SC 160 and Syed Saeed Hasan v. Piyar Ali and 7 others PLD 1975 SC 6 ref. (b) Representation of the People Act (LXXXV of 1976)--- -----S.8 ----Polling station ---Alterations ---Returning officer may make alterations in list of polling stations subject to direction of Election Commission at least 15 days prior to date of polling which shall be in official Gazette Notification of alteration in polling stations having been published twenty-two days earlier to the date of polling, as such no irregularity was committed. (c) Representation of the People Act (LXXXV of 1976)--- ----S. 52---Election petition---Allegations of Burden to prove such allegations was on petitioner---Benefit of doubt---Doubt arising out of material placed before Election Tribunal---Benefit would go to the returned candidate. In the election disputes it was settled that the burden to prove illegal and corrupt practices lay heavily on the petitioner and that these allegations must be proved with such standard as was required for proving a charge in criminal trial. It was further settled that in case of doubt arising out of the material placed before the Election Tribunal, its benefit must go to the returned candidate. Muhammad Saeed and others v. Election Petitions Tribunal West 41, Pakistan and others PLD 1957 SC 91;…
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