| Case ID |
037cb82b-5896-4aa1-9a04-5b7400ae76eb |
| Body |
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| Case Number |
C.A. No. 1613 of 2014 |
| Decision Date |
Jun 07, 2017 |
| Hearing Date |
Jun 07, 2017 |
| Decision |
The appeal was allowed and the order of the Election Tribunal was set aside. The Supreme Court found that the evidence presented by the respondents did not substantiate the claims of corrupt practices or undue influence during the election. Witness testimonies lacked specificity and did not refer to the polling stations implicated in the allegations. The court emphasized that allegations of corrupt practices must be proven beyond a reasonable doubt, similar to criminal charges. The forensic analysis of ballot paper counterfoils showed no significant discrepancies that could affect the election outcome. Therefore, the election of the appellant was upheld. |
| Summary |
This case revolves around the election petition filed by Nawab Ali Wassan against the election of Syed Ghouse Ali Shah, challenging the integrity of the electoral process under the Representation of the People Act, 1976. The Supreme Court of Pakistan scrutinized allegations of corrupt practices and undue influence, ultimately finding the evidence provided insufficient to declare the election void. The court reiterated the high standard of proof required in election disputes, emphasizing the necessity for clear and precise allegations in the petition. The judgment underscores the importance of credible evidence and the procedural adherence in electoral matters, reinforcing the sanctity of democratic processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
EJZ AFZAL KHAN,
MAQBOOL BAQAR,
IJAZ UL AHSAN
|
| Lawyers |
Farooq H. Naek, Senior Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record for Appellant,
Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court,
Mehmood A. Sheikh, Advocate-on-Record for Respondents
|
| Petitioners |
NAWAB ALI WASSAN
|
| Respondents |
OTHERS,
SYED GHOUS ALI SHAH
|
| Citations |
2018 SLD 92,
2018 SCMR 87
|
| Other Citations |
Not available
|
| Laws Involved |
Representation of the People Act, 1976
|
| Sections |
55(1)(b),
68(1)(d),
68(d),
69,
78(2),
81(1)(a)(b)
|