| Case ID |
16acb423-c345-4d9f-8c99-5ec1db1ba5c8 |
| Body |
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| Case Number |
D-3868 of 2015 |
| Decision Date |
Nov 06, 2015 |
| Hearing Date |
Nov 06, 2015 |
| Decision |
The Sindh High Court allowed the constitutional petition filed by Muhammad Ismail, setting aside the order of the Appellate Authority which had cancelled his nomination papers based on an FIR registered against him and his family members. The court found that the petitioner had complied with all codal formalities and had no criminal history. The alleged abductee denied the allegations made in the FIR, asserting that she was married of her own free will. The court ordered the Returning Officer to accept the nomination paper of the petitioner and issue Form VII accordingly. |
| Summary |
In the case of Muhammad Ismail vs. Provincial Election Commission, the Sindh High Court ruled in favor of the petitioner, allowing his constitutional petition against the cancellation of his nomination papers for local government elections. The court found that the cancellation was based on an FIR that lacked credible evidence, as the alleged victim denied the allegations of abduction. The judgment emphasized the importance of adhering to legal standards in the election process, highlighting that mere registration of an FIR does not equate to disqualification unless there is a conviction. The decision underscores the rights of candidates to contest elections free from unfounded legal challenges, ensuring that the election process remains fair and just. This case sets a precedent for future electoral disputes, reinforcing the principle that individuals should not be disqualified from participating in elections based solely on unproven allegations. Keywords: election law, constitutional petition, Sindh High Court, nomination papers, abduction allegations, legal rights, electoral process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AQEEL AHMED ABBASI,
GHULAM QADIR LEGHARI
|
| Lawyers |
Ghulam Murtaza Korai,
Saqib Kalhoro
|
| Petitioners |
MUHAMMAD ISMAIL
|
| Respondents |
PROVINCIAL ELECTION COMMISSION,
DEO, District N/Feroze,
A.G. Sindh,
SHABBIR ALI BOZDAR,
MUHAMMAD SULLEMAN KALHORO,
GHULAM MURTAZA KORAI,
SAQIB KALHORO
|
| Citations |
2016 SLD 972 = 2016 CLC 786
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Local Government Act (XLII of 2013),
Sindh Local Councils (Election) Rules (2013),
Protection of Women Act, 2006,
Criminal Procedure Code (Cr.P.C.)
|
| Sections |
36(f),
R.52,
496-A,
87,
88
|