| Case ID |
0a924e1c-df60-48e3-964a-082f07246e6b |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.284 of 1989 |
| Decision Date |
Mar 11, 1990 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, affirming the High Court's decision which found that the Presiding Officer acted within his rights to resume polling after a brief halt due to disorder. The court ruled that there was no evidence of any irregularities that would have affected the election outcome, and the non-participation of female voters was not proven to have resulted from any obstruction. The findings of the Election Tribunal were upheld, and the respondent's election was declared valid, as he had secured more votes than the appellant. |
| Summary |
In the case of Civil Appeal No.284 of 1989, the Supreme Court of Pakistan addressed significant issues regarding electoral processes under the North-West Frontier Province Local Councils Election Rules. The court considered the legality of polling procedures when disruptions occurred and examined claims of disenfranchisement of female voters. The decision highlighted the importance of procedural adherence in electoral law and the role of the Presiding Officer during polling. Ultimately, the court affirmed the High Court's ruling, emphasizing that the election results were valid despite the brief suspension of polling due to disorder, as no substantial evidence was presented to indicate that any voter was unfairly prevented from voting. This case reinforces the principles of electoral integrity and the responsibilities of election officials in maintaining fair election practices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
RUSTAM S. SIDHWA
|
| Lawyers |
K.G. Saber,
Mian Shakiruliah Jan,
Bashirullah Khan,
Nur Ahmad Khan
|
| Petitioners |
AFSAR KHAN
|
| Respondents |
others,
MIR DAD KHAN
|
| Citations |
1990 SLD 1212,
1990 SCMR 1710
|
| Other Citations |
Imanuddin Sikdar v. Election Tribunal P L D 1967 Dacca 644,
Muhammad Rashid v. Muhammad Shari P L D 1966 Lah. 947,
Darvesh Khan v. Muhammad Sher Khan 1986 S C M R 352
|
| Laws Involved |
Constitutions of Pakistan (1973),
North-West Frontier Province Local Councils (Election) Rules, 1979,
North-West Frontier Province Local Councils (Election) Rules, 1969
|
| Sections |
Art. 185(3),
R. 26,
S. 32
|