| Case ID |
158f5e0d-4b43-4326-b4bc-c909ec1f1c27 |
| Body |
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| Case Number |
Intra-Court Appeal No.739 of 2002 in Writ Petition |
| Decision Date |
Sep 26, 2002 |
| Hearing Date |
|
| Decision |
The Intra-Court Appeal was dismissed as the court found no illegality in the Election Tribunal's order to examine records and recount votes based on sufficient justification provided by the petitioners. The Election Tribunal properly exercised its jurisdiction as it was empowered to declare elections void and order recounts when justified, which was affirmed by the court's previous observations. The petitioners brought forth substantial allegations regarding the counting process, and the tribunal acted within its powers to ensure the integrity of the electoral process. The court emphasized the petitioners' opportunity to challenge the final decision if it was unfavorable to them, thus safeguarding their rights throughout the recount process. |
| Summary |
This case revolves around the jurisdiction of the Election Tribunal in Pakistan regarding the recounting of votes in local government elections. The Lahore High Court addressed an Intra-Court Appeal concerning the Election Tribunal's order to examine records and recount votes, which was contested by the appellants. The court upheld the Election Tribunal's authority, asserting that the tribunal has the power to ensure fair electoral processes, which includes ordering recounts when justified. The ruling emphasized the importance of electoral integrity and the legal framework supporting such actions, particularly under the Punjab Local Government Elections Rules, 2000. This case highlights crucial aspects of electoral law and the balance of powers between different election officials. Keywords such as 'Election Tribunal', 'recount of votes', 'Punjab Local Government Elections Rules', and 'jurisdiction' are pivotal in understanding the legal implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYED ZAHID HUSSAIN,
TANVIR BASHIR ANSARI
|
| Lawyers |
Zafar Iqbal Chohan
|
| Petitioners |
another,
MUHAMMAD IFTIKHAR
|
| Respondents |
7 others,
DISTRICT AND SESSIONS JUDGE, FAISALABAD
|
| Citations |
2003 SLD 2472,
2003 CLC 254
|
| Other Citations |
Muhammad Tayyab Tahir and another v. Muhammad Khalid Sardar and others 1999 SCMR 1126,
Zulfiqar Ali v. Election Tribunal/Civil Judge 1st Class, Khanpur and 5 others 2000 MLD 746
|
| Laws Involved |
Punjab Local Government Elections Rules, 2000,
Law Reforms Ordinance (XII of 1972)
|
| Sections |
39(5),
40(6),
3
|