Legal Case Summary

Case Details
Case ID 09c65087-770c-44a6-95e3-6bb265173c00
Body View case body.
Case Number Civil Appeal No. 638 of 1994
Decision Date Nov 27, 1994
Hearing Date
Decision The Supreme Court dismissed the appeal as withdrawn, allowing the appellant to present his objections regarding the invalidity of certain ballot-papers during the recount process. The court emphasized that the Election Tribunal must consider any disputes raised about the ballots, ensuring that the appellant's concerns are addressed. The court's ruling indicates a commitment to fair electoral processes and the importance of addressing any allegations of tampering in the recounting of votes. The decision reflects the court's role in upholding the integrity of elections and the legal frameworks governing them.
Summary This case revolves around an election petition filed under the Representation of the People Act, 1976, concerning allegations of tampering with ballot-papers during a recount. The Supreme Court of Pakistan, presided over by Chief Justice Sajjad Ali Shah and Justice Irshad Hasan Khan, addressed the appeal from Syed Iftikhar Hussain against Ijaz Ahmad Cheema and others. The appellant contended that some votes were invalidated due to double seals, raising objections that were to be examined by the Election Tribunal. The court ruled that the appellant should be allowed to present his case regarding the invalidity of the ballot-papers, dismissing the appeal as withdrawn but ensuring the Tribunal would hear the objections raised. This ruling underscores the significance of electoral integrity and the judicial oversight of electoral processes, emphasizing the need for transparency and fairness in elections. Keywords: Supreme Court, election petition, ballot-papers, recount, electoral integrity, Representation of the People Act, tampering allegations.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SAJJAD ALI SHAH, CJ, IRSHAD HASAN KHAN, J
Lawyers Dr. A. Basit, Advocate Supreme Court, Ejaz Muhammad Khan, Advocate-on-Record, Talib H. Rizvi, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record
Petitioners Syed IFTIKHAR HUSSAIN
Respondents others, IJAZ AHMAD CHEEMA
Citations 1996 SLD 1245, 1996 SCMR 943
Other Citations Not available
Laws Involved Representation of the People Act (LXXXV of 1976), Constitution of Pakistan (1973)
Sections 62, 185