| Case ID |
05d18326-1dc4-42f8-a704-b8a8e1d61a27 |
| Body |
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| Case Number |
Election Appeal No. 8 of 2016 |
| Decision Date |
Apr 03, 2017 |
| Hearing Date |
Mar 28, 2017 |
| Decision |
The Lahore High Court allowed the appeal against the order of the Election Tribunal, which had ordered a recount of votes and declared Muhammad Zafar Iqbal Awan as the returned candidate. The court found that the tribunal's order was ultra vires, as it did not follow the necessary procedures for a recount and did not adequately address the grounds for declaring the election of the returned candidate void. The court emphasized that elections should not be declared void on flimsy grounds and that proper procedures must be adhered to in election disputes. The case was resolved in favor of the appellant, Adnan Nazeer Alvi. |
| Summary |
In the case of Election Appeal No. 8 of 2016, the Lahore High Court reviewed the decision of the Election Tribunal regarding the election of a General Councilor from Ward No. 4, Chowk Azam, Layyah. The tribunal had ordered a recount of votes, resulting in the declaration of M. Zafar Iqbal Awan as the returned candidate. The appellant, Adnan Nazeer Alvi, contested this decision, arguing that the tribunal exceeded its authority and did not follow the proper procedures outlined in the Punjab Local Government (Conduct of Elections) Rules, 2013. The High Court found the tribunal's order lacking in material particulars, emphasizing that elections should not be annulled based on trivial differences in vote counts. The case highlights the importance of following legal protocols in election disputes and maintaining the integrity of the electoral process. The court ultimately set aside the tribunal's order, allowing the appeal and reaffirming the need for just and fair electoral practices. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID KARIM, JUSTICE
|
| Lawyers |
Sh. Jamshed Hayat,
Mian Abbas Ahmad
|
| Petitioners |
ADNAN NAZEER ALVI
|
| Respondents |
2 OTHERS,
M. ZAFAR IQBAL AWAN
|
| Citations |
2017 SLD 2271,
2017 CLC 1335
|
| Other Citations |
Jam Madad Ali v. Asghar Ali Junejo and others 2016 SCMR 251,
Sardar Abdul Hafeez Khan v. Sardar Muhammad Tahir Khan Loni and 13 others 1999 SCMR 284,
Ch. Muhammad Ashraf Warraich and another v. Muhammad Nasir Cheema and others 2016 SCMR 998
|
| Laws Involved |
Punjab Local Government (Conduct of Elections) Rules, 2013,
Punjab Local Government Act, 2013
|
| Sections |
64,
62,
58,
68,
42,
41,
46,
47
|