Case Details

Citation(s)
1991 SLG 981 1991 SLD 981 1991 SCMR 468
Supreme Court of Pakistan
Civil Petition No. 76-R of 1990, decision dated: 18-02-1990(Against the judgment and order dated 18-12-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in W.P. No. 90 of 1989)
ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ

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Syed GHULAM MUJTABA

THE SENIOR CIVIL JUDGE/ELECTION TRIBUNAL and others

Law:

Section:

Punjab Local Government Ordinance (VI of 1979)--S. 24---Punjab Local Councils (Election) Rules, 1979, Rr. 72 & 73--­Constitution of Pakistan (1973), Art. 185(3)---Election petition---Election Tribunal had declared election as a whole to be void, and ordered holding of fresh election---Petitioner's Constitutional petition against holding of fresh election and declaring his election as a whole to be void was dismissed by High Court---Leave to appeal was granted to examine petitioner's contention that none of the corrupt and illegal practices listed in Rr. 72 and 73, Punjab Local Councils (Election) Rules 1979, were either alleged or proved before Election Tribunal--­Nothing was available on record to indicate that disputed votes were cast in favour of petitioner, therefore, case proceeded on no evidence. ORDER ABDUL QADEER CHAUDHRY, J.---The election to a local seat from Ward No.7, Town Committee, Sohawa, District Jhelum, was held on 30-11-1987. The petitioner and the respondent No.2 contested the election. The petitioner was declared elected having polled 227 votes against 226 votes polled by respondent No.2. The respondent No.2 filed an election petition before the Election Tribunal. As many as 7 issues were framed by the Election Tribunal. Issue No.4 was decided against the petitioner and all other issues were decided against the respondent. 2. The Election Tribunal declared the election as a whole void and ordered the holding of fresh election. The petitioner filed a Constitution petition in the High Court, which was…
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