| Citation(s) |
|---|
| 2005 SLG 1812 2005 SLD 1812 2005 PLD 314 |
Sindh High Court
Constitutional Petition No. 4 of 2006 (Larkana) and Constitutional Petition No. D-21 of 2006 (Karachi), decided on 24th February, 2006. DATE of hearing: 21st February, 2006
GHULAM RABBANI AND ZIA PERWAZ, JJ
Raza Hashmi for Petitioner. Mehmood Alam Rizvi for
Respondent No. 1. Zaheer Minhas for
Respondent No. 2.
Respondents Nos. 3 to 7 are present in person
Constitutional Petition No. 4 of 2006 (Larkana) and Constitutional Petition No. D-21 of 2006 (Karachi), decided on 24th February, 2006. DATE of hearing: 21st February, 2006
GHULAM RABBANI AND ZIA PERWAZ, JJ
Raza Hashmi for Petitioner. Mehmood Alam Rizvi for
Respondent No. 1. Zaheer Minhas for
Respondent No. 2.
Respondents Nos. 3 to 7 are present in person
Mir GHALIB DOMKI
VS
ELECTION COMMISSION OF PAKISTAN, ISLAMABAD and 6 others
Law: Representation of the People Act, 1976
Section: 103AA,103AA(1)
Law: Constitution of Pakistan, 1973
Section: 199
(a) Representation of the People Act (LXXXV of 1976)--- ----S. 103-AA---Declaring poll void---Power of Election Commission---Scope---If commission, from facts apparent on record and after summary enquiry as it may deem necessary, is satisfied that by reason of grave illegalities or violation of provisions of Representation of People Act,-1976, or the Rules, the poll ought to be declared void, it may make a declaration accordingly and by notification in official Gazette, call upon such constituency to elect a member in the manner provided for in S.108 of Representation of People Act, 1976. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 103-AA(1)---Phrase `after, such summary inquiry as it may deem necessary'---Applicability---Mode and manner of inquiry by Election Commission has not been prescribed in S.103-AA of Representation of People Act, 1976, for it is the satisfaction of the Commission on the basis of record that by reason of grave illegalities or violation of provisions of Representation of People Act, 1976, or the Rules, the poll in any constituency ought to be declared void. (c) Representation of the People Act (LXXXV of 1976)--- ---S. 103-AA(1)---Term 'inquiry'--Connotation---Term inquiry is synonymous to word `examination'. (d) Words and phrases---- ---Inquiry---Meaning. Webster's New World Dictionary (3rd Edn.) and Chambers 21st Century Dictionary (Revised Edn.) ref. (e) Words and phrases----- --"Summary"---Meaning. Judicial Dictionary by K.J. Aiyar 13th Edn.; Mohan Lal v. Kartar Singh 1996 PLJ 383; Ballentines Law Dictionary; and Mumtazuddin Ahmed v. Sultan Jehan Begum PLD 1981 Kar. 329 ref. (f) Representation of the People Act (LXXXV of 1976)--- ----S. 103-AA(1)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Declaring polls void---Holding summary enquiry---Comparing percentage of votes polled with those of previous elections---Election Commission received complaint, during bye-elections about casting of bogus votes and rigging--Election Commission during summary enquiry did not find queue of voters at polling stations but in the results turn out of voters was stated to be higher than that of previous…
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