| Case ID |
008b7e08-df34-4bed-977c-8396d179b94b |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals No. 1417, 1418 & 1475 of 2006 |
| Decision Date |
Sep 14, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed under Section 67(3) of the Representation of the People Act, 1976. The court held that the election of Rana Muhammad Tajammal Hussain, who was declared the winner of the election from constituency PP-157 after securing 14,000 votes, was valid despite objections raised about the legitimacy of his proposer and seconder. The court concluded that the provisions of the Act were mandatory, and the defects in the nomination papers could not be cured post-election. The court emphasized the intention of the legislature regarding electors' roles in proposing candidates, ruling that the word 'may' in the Act should be interpreted as 'shall'. Therefore, the election was upheld, and the appeals were dismissed. |
| Summary |
In the landmark case of Civil Appeals No. 1417, 1418 & 1475 of 2006, the Supreme Court of Pakistan addressed critical issues surrounding the Representation of the People Act, 1976. The appeals arose from the election of Rana Muhammad Tajammal Hussain, contested by Rana Shaukat Mahmood, who claimed that the election was void due to the ineligibility of the proposer and seconder. The court meticulously examined the statutory provisions, particularly Sections 12 and 14, determining that the requirements for valid nominations are mandatory. The ruling clarified that the word 'may' in the context of proposing candidates is to be interpreted as 'shall', reinforcing the necessity for compliance with electoral laws. This decision underscores the importance of adhering to legal frameworks in electoral processes, ensuring that the integrity of elections is maintained. The case has significant implications for future electoral disputes, emphasizing the responsibilities of electors in the nomination process. Legal practitioners and scholars will find this case pivotal for understanding electoral law and the interpretation of statutory language. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Muhammad Chaudhry, C.J.,
Abdul Hameed Dogar,
Saiyed Saeed Ashhad
|
| Lawyers |
Ch. Bashir Ahmed, ASC,
Mr. M.A. Qureshi, AOR,
Mr. Aitezaz Ahsan, Sr. ASC,
Ejaz Muhammad Khan, AOR
|
| Petitioners |
others,
Rana Muhammad Tajammal Hussain
|
| Respondents |
others,
Rana Shaukat Mahmood
|
| Citations |
2007 SLD 3314,
2007 PLJ 455
|
| Other Citations |
AIR 1974 SC 1682,
AIR 1976 SC 714,
PLD 2004 SC 694,
AIR 1983 SC 303
|
| Laws Involved |
Representation of the People Act, 1976
|
| Sections |
12(1),
12(2),
14(1),
14(2),
14(3)
|