| Case ID |
0519057a-9d0c-48e6-9d1f-655b06abd66a |
| Body |
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| Case Number |
C.P.No.25-Q of 1989 |
| Decision Date |
Oct 10, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the High Court's decision, declining to grant leave to appeal against the judgment. The court ruled that where a serious violation of law is established by a group of miscreants in polling stations, the election of the whole constituency may not be set aside if a clear result can be determined from other polling stations. In this case, despite some malpractice, the overwhelming majority of votes indicated that the petitioner would have lost even if all unaccounted votes were in their favor. The court emphasized the importance of maintaining the electoral process and the will of the electorate, stating it would not facilitate injustice. Therefore, the petition was dismissed. |
| Summary |
This case revolves around the electoral process in Pakistan, specifically addressing issues of election malpractice during the general elections in Balochistan. The Supreme Court examined the implications of a serious violation of electoral laws and how these violations affect the legitimacy of election results. The court determined that despite reported violations in a few polling stations, the overall election results were clear and should not be annulled. This ruling reinforces the principle that electoral integrity must be balanced with the need to respect the electorate's wishes. The decision is significant for future electoral disputes in Pakistan, emphasizing a fair balance between maintaining electoral integrity and preventing frivolous challenges to election results. Keywords: electoral process, election malpractice, Supreme Court of Pakistan, Balochistan elections, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
HASAN ALI SHAH
|
| Lawyers |
Basharatullah,
M.K.N. Kohli,
M.Zafar,
Tariq Mahmood
|
| Petitioners |
HAJI BEHRAM KHAN
|
| Respondents |
OTHERS,
ABDUL HAMEED KHAN ACHAKZAI
|
| Citations |
1990 SLD 325,
1990 PLD 352
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Representation of the People Act (LXY-XV of 1976),
Representation of the People (Conduct of Election) Rules, 1977
|
| Sections |
Art. 185,
S.103-AA,
R.28
|