| Case ID |
100f7d50-a8d5-4471-8241-544bd50528d3 |
| Body |
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| Case Number |
FA.E. Nos. 1 and 2 of 1994 |
| Decision Date |
Jan 10, 1995 |
| Hearing Date |
|
| Decision |
The Peshawar High Court, under the leadership of Chief Justice ABDID KARIM KHAN KUNDI and Justice NASIR-UL-MULK, has upheld the appeal filed by Zulfiqar Ali against the Election Tribunal's decision that previously voided his election to the National Assembly. The court meticulously evaluated the evidence presented by both parties, placing significant weight on the National Identity Card submitted by Zulfiqar Ali, which conclusively demonstrated his eligibility based on age requirements. Contrary to the petitioner’s reliance on school certificates, the High Court recognized the higher probative value of the National Identity Card, especially given its statutory backing and the lack of credible evidence disputing its authenticity. Additionally, the non-production of key witnesses by the petitioner further weakened the opposition's claims. As a result, the court set aside the Election Tribunal's judgment and restored Zulfiqar Ali's rightful position as the elected representative for the National Assembly Constituency NA-28, FATA-2. The dismissal of F.A.E. No.2 of 1994 was also affirmed, and no costs were imposed on either party. |
| Summary |
In a landmark decision by the Peshawar High Court, the case of FA.E. Nos. 1 and 2 of 1994, decided on January 10, 1995, reaffirmed the critical role of statutory documents in election disputes. The appellant, Zulfiqar Ali, successfully contested the Election Tribunal N.-W.F.P.'s earlier declaration voiding his election to the National Assembly due to allegations of being underage. Central to the High Court's judgment were the robust evaluations of the Qanun-e-Shahadat (10 of 1984) and the National Registration Act (LVI of 1973), which collectively underscored the admissibility and higher probative value of the National Identity Card over school certificates. The court meticulously analyzed precedents from both Pakistani and Indian jurisdictions, cementing the National Identity Card as a reliable document for age verification, especially when authenticated without any contestation or evidence to the contrary. The court also highlighted procedural lapses by the petitioner, notably the non-production of key witnesses, which significantly diminished the credibility of the opposing evidence. By restoring Zulfiqar Ali's election and dismissing F.A.E. No.2 of 1994, the High Court not only upheld the sanctity of the electoral process but also reinforced the importance of verifiable and statutory-backed documentation in legal proceedings. This case serves as a pivotal reference for future electoral disputes, emphasizing the necessity of authentic and legally recognized documents in establishing eligibility and ensuring fair representation in legislative bodies. Additionally, the decision underscores the judiciary's commitment to upholding constitutional mandates, ensuring that age and eligibility criteria are met with concrete and reliable evidence, thereby safeguarding the integrity of the democratic process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Supreme Court of Pakistan,
Peshawar High Court,
Zulfiqar Ali,
Haji Kamal Hussain,
Election Tribunal N.-W.F.P.,
National Registration Act,
Qanun-e-Shahadat,
Representation of the People Act
|
| Judges |
ABDID KARIM KHAN KUNDI C.J.,
NASIR-UL-MULK, J
|
| Lawyers |
Zahoorul Hak,
Tariq Parvaiz,
Farouk Adam Khan
|
| Petitioners |
Zulfiqar Ali
|
| Respondents |
Haji Kamal Hussain
|
| Citations |
1995 SLD 1143 = 1995 CLC 1383
|
| Other Citations |
Shiv Ram v. Shiv Charan Singh AIR 1964 Rajisthan 126,
Bhim Mandal v. Magaram Corain AIR 1961 Patna 21,
In re: Siram Reddi AIR 1960 And. Pra. 253,
Ramappa v. Bojjappa AIR 1963 SC 1633,
Vishnu Maheswaran Nampoothiri v. Kuruvilla Kichitty Kuruvila AIR 1957 Kerala 103,
Re, Siram Reddi AIR 1960 And. Pra. 253 rel.,
Kishori Lal and others v. Firm Lajja Ram AIR (38) 1951 Punjab 375,
Muhammad Nawas Khan v. The Collector District Gujranwala PLD 1960 (W.P.) Lah. 1123,
Khizar Hayat v. Sarfaraz Khan and others PLD 1968 Lah.381,
Heasab v. Election Authority Sindh PLD 1986 Kar. Mst. Razia Khatoon v. Dr. Roshan H. Nanji 1991 SCMR 840,
Syed Akhtar Hussain Zaidi v. Muhammad Yaqinuddin 1988 SCMR 753,
Jagan Nath. v. Mod Ram (AIR 1951 Punjab 377),
Brij Mohan. v. Priya Brat (AIR 1965 page 282)
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
National Registration Act (LVI of 1973),
Representation of the People Act (LXXXV of 1976)
|
| Sections |
Art. 49,
Art. 129(g),
S.4,
S.9,
S.52
|