Case Details

Citation(s)
1999 SLG 370 1999 SLD 370 1999 SCMR 1123
Supreme Court of Pakistan
Civil Petition No. 791of 1998, decision dated: 25-06-1998. (On appeal from the judgment, dated 11-6-1998 of the Lahore High Court, Lahore in Writ Petition No. 11019 of 1998)
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Maqbul Elahi Malik, Advocate Supreme Court for Petitioner. M. Munir Peracha for
Respondent No. 4. Altaf Ilahi, Additional Advocate-General for
Respondents

ASGHAR ALI

VS

PUNJAB LOCAL COUNCILS ELECTION AUTHORITY, LAHORE and 4 others

Law:

Section:

Punjab Local Government Ordinance (VI of 1979)--S.24---Punjab Local Government Election Rules, 1979, R.13---Constitution of Pakistan (1973), Arts. 199.& 185---Interference of High Court in election matters after notification of election result---Unsuccessful candidate after notification of election result, approached Election Authority alleging that figure of votes obtained by him in one of polling station had fraudulently been changed showing less votes---Election Authority declined interference with the matter on ground of lack of jurisdiction---Unsuccessful candidate filed Constitutional petition which was accepted by High Court and election as notified by Returning Officer was set aside---Validity---Question as to whether any manipulation or alteration had been done in figure of votes allegedly obtained by unsuccessful candidate, was a question of fact which was within competence of Election Tribunal and High Court could not interfere with the matter---In view of difficultly of limitation with regard to filing of election petition before Election Tribunal, Supreme Court converted petition for leave to appeal into appeal and remitted Constitutional petition filed in High Court to Election Tribunal with direction to treat same as Election Petition and decide same within specified period. Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 ref. JUDGMENT AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment, dated 11-6-1998 filed by present respondent No.4, allowing the same as follows:-- "The perusal of the record shows that the result as notified by the Returning Officer is not in accordance with the results, as declared by the Presiding Officers of Polling Station Chak Sheru, Election Unit No.2 and, as such, the results as notified by the Returning Officer of the above said ward are set aside and the Returning Officer is directed to notify the election results as declared by the Presiding Officer; of the Polling Stations. Disposed of with the above observations." The brief facts are that the petitioner and respondent No.4 contested District Council Election for electoral unit No.2, Gujrat. It appears that the…
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