Legal Case Summary

Case Details
Case ID 0a267c5c-65f9-4c35-b35a-618652396e4d
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No. 153
Decision Date Feb 11, 1986
Hearing Date
Decision The Supreme Court of Pakistan denied leave to appeal the judgment of the Lahore High Court, which dismissed a constitutional petition arising from an election to the District Council peasant seat. The court upheld the findings of the Election Tribunal, which had declared the petitioner's election illegal on the grounds that he did not qualify as a 'peasant' as defined by the Punjab Local Government Ordinance. The court concluded that the petitioner was a commission agent and failed to engage in continuous cultivation for the required five-year period before the election.
Summary In the case of Ahmad Bakhsh vs. The District Judge/Election Tribunal, the Supreme Court of Pakistan addressed the definition of 'peasant' under the Punjab Local Government Ordinance (VI of 1979). The petitioner, Ahmad Bakhsh, contested the election results for a District Council seat, claiming he was a qualified candidate. However, the Election Tribunal found him ineligible, stating he did not meet the criteria as he was primarily a commission agent and had not cultivated land continuously for the five years preceding the election. The Supreme Court affirmed this finding and refused to reappraise the evidence, highlighting the importance of continuous cultivation in meeting the definition of 'peasant'. This case underscores the legal standards governing local government elections and the significance of adhering to the defined criteria for candidacy. Keywords: local government elections, peasant definition, Supreme Court, election tribunal, constitutional petition.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH
Lawyers Sh. Muhammad Naseem, Advocate Supreme Court, Walayat Umar Chaudhry Advocate-on-Record
Petitioners AHMAD BAKHSH
Respondents THE DISTRICT JUDGE/ELECTION TRIBUNAL AND OTHERS
Citations 1986 SLD 1113, 1986 PLD 223
Other Citations Not available
Laws Involved Punjab Local Government Ordinance (VI of 1979), Constitution of Pakistan (1973)
Sections 3(1)(xxvii), Art. 185