| Case ID |
1039e822-0fbe-4f74-adb9-ff74f617c075 |
| Body |
View case body. Login to View |
| Case Number |
Election Petition No. 7 of 2013 |
| Decision Date |
Aug 23, 2013 |
| Hearing Date |
|
| Decision |
The Election Tribunal declined to dismiss the election petition filed by Abdul Razzak against Syed Hafeezuddin and others. The Tribunal found that the petitioner had the standing to challenge the election results despite the boycott by his political party on polling day. The Tribunal held that there was no provision in the Representation of the People Act to prevent the petitioner from filing the election petition. Moreover, the Tribunal ruled that the procedural requirements regarding the service of documents and verification of the petition were not grounds for dismissal, as the provisions were directory in nature. The Tribunal emphasized that the petition had provided sufficient details regarding the alleged corrupt practices, and thus, it would proceed to hear the case on its merits. |
| Summary |
This case revolves around Election Petition No. 7 of 2013, where Abdul Razzak challenged the election of Syed Hafeezuddin in Karachi's PS-93 constituency. The case highlights the issues surrounding the Representation of the People Act of 1976, particularly focusing on the locus standi of the petitioner given his party's boycott of the elections. The Election Tribunal, presided over by DR. ZAFAR AHMAD KHAN SHERWANI, ruled that the petitioner had a right to file the election petition despite previous findings from the High Court regarding the 'aggrieved person' status. The Tribunal also discussed the procedural aspects of election petitions, emphasizing the importance of adherence to the law while ensuring that technicalities do not hinder the pursuit of justice in electoral matters. The ruling reinforces the principle that legal rights to challenge election results must be upheld to maintain democracy and accountability in the electoral process. |
| Court |
Election Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
DR. ZAFAR AHMAD KHAN SHERWANI
|
| Lawyers |
Abid Zubairi,
Syed Ghulam Shabbir Shah,
Muhammad Atiq Qureshi
|
| Petitioners |
ABDUL RAZZAK
|
| Respondents |
others,
Syed HAFEEZUDDIN
|
| Citations |
2013 SLD 2873,
2013 YLR 2471
|
| Other Citations |
Muhammad Hashim Siddiqui v. Iqbal Muhammad Ali Khan 2004 YLR 381,
Yar Qand Khan v. Taj Bar Khan and others 1987 MLD 84,
Engineer Jameel Ahmed Malik v. Shaukat Aziz and others 2007 CLC 1192,
Izhar Hussain Khoso v. Mir Faridullah 1999 MLD 3052,
Capt. Syed Muhammad Ali v. The Returning Officer, Police Station 19, District Court, Karachi 1999 CLC 2039,
Sardar Khan v. Amanullah Khan Masood, SBLR 2011 Sindh 563,
Jamil Ahmed v. Mir Mehboob Ali, 2003 YLR 3032,
Sardar Akhtar Ali v. Wasim Ahmed 1992 CLC 1437,
Dewan Kumar Malhi v. Giaynoomal 1999 CLC 441,
Rai Asghar Ali Khan v. RO and others 1999 CLC 565,
Haji Amanullah Khan v. Shahzada Tariqullah 1995 CLC 158,
Ihsanul Haq v. Dr. Siddique Hussain, 1995 CLC 382,
S.M Ayoub v. Syed Yousuf Shah and others PLD 1967 SC 486,
Eng. Zafar Iqbal Jhagra v. Khalil ur Rehman 2000 SCMR 250,
Abdul Qadir v. Abdul Wassay, 2010 SCMR 1877,
Bashir Ahmed Bhabhan v. Shaukut Ali Rajpar, PLD 2004 SC 570,
Sheela B Charles v. Qaiser Hussain Saraya. 1996 SCMR 455,
Moulana Atta-ur-Rehman v. Al-Haj Sardar Umer Farooq PLD 2008 SC 663,
Asif Manzoor Mohal v. Muhammad Yar Mamoonka, 2007 CLC 368
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976),
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
52,
54,
62,
63,
55(3),
151,
O. VI, R. 15,
Art. 55
|