| Case ID |
035045ca-be66-452d-86ad-96f7345e6f8a |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 409-R of 19 |
| Decision Date |
Nov 05, 1985 |
| Hearing Date |
Nov 05, 1985 |
| Decision |
The Supreme Court upheld the decision of the Election Tribunal, which declared the election void due to open violence that interrupted the polls, preventing a significant number of voters from exercising their right to vote. The Tribunal's ruling was based on the failure of the Presiding Officer to record reasons for stopping the poll and to inform the relevant authorities, thus justifying the Tribunal's authority to annul the election. The High Court's dismissal of the writ petition was also upheld, leading to the refusal of leave to appeal. |
| Summary |
In the case of Civil Petition for Leave to Appeal No. 409-R of 1985, the Supreme Court of Pakistan addressed a significant electoral dispute stemming from the elections held on September 28, 1984, for the Union Council, Munara. The petitioners challenged the Election Tribunal's decision, which declared the election void due to substantial interruptions caused by open violence. This case underscores the critical importance of adhering to electoral procedures and the role of the Election Tribunal in maintaining the integrity of elections. The Court emphasized the authority of the Tribunal to declare an election void if the electoral process is materially affected, showcasing the legal frameworks designed to protect democratic processes. The decision serves as a precedent for future electoral disputes, reinforcing the necessity for lawful conduct during elections and the enforcement of electoral rules to ensure fair representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Ahmed Raza Khan Kasuri, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
M. Bilal, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
RAB NAWAZ
|
| Respondents |
others,
ELECTION TRIBUNAL/DEPUTY COMMISSIONER, JHELUM
|
| Citations |
1986 SLD 785,
1986 SCMR 1222
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Local Councils (Election Petitions) Rules, 1979,
Punjab Local Councils (Election) Rules, 1979
|
| Sections |
15,
28(1)
|