| Case ID |
16b267e5-4e79-43f9-b0d8-f9ad72428bed |
| Body |
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| Case Number |
Writ Petition No. 56 of 2015 |
| Decision Date |
May 13, 2015 |
| Hearing Date |
May 13, 2015 |
| Decision |
The Chief Court accepted the writ petition, determining that the Returning Officer's refusal to accept the nomination papers due to a delay of twelve minutes was not justified. The court noted that such a minor delay was negligible and that the Returning Officer had adopted a procedure not prescribed by law. The court ordered the Returning Officer to reschedule the process for scrutinizing the nomination papers and allowed the petitioner to present his papers again, ensuring that the petitioner's right to contest elections was upheld without being deprived due to procedural errors by the Returning Officer. |
| Summary |
In the case of Writ Petition No. 56 of 2015, Fida Hussain challenged the Returning Officer's refusal to accept his nomination papers for the GBLA-4 Hunza/Nagar elections, citing a delay of only twelve minutes in submission. The Chief Court, presided over by Judges JAN SAHIB C.J. and MUHAMMAD ALAM J., ruled that the delay was negligible and that the Returning Officer had acted outside the bounds of the law. The court emphasized the importance of the right to contest elections and directed the Returning Officer to reschedule the scrutiny process. This case highlights the significance of procedural fairness in electoral processes, ensuring candidates are not unjustly excluded due to minor technicalities. The decision reinforces the legal framework surrounding election nominations in Gilgit-Baltistan and sets a precedent for handling similar cases in the future. |
| Court |
Chief Court
|
| Entities Involved |
Not available
|
| Judges |
JAN SAHIB C.J.,
MUHAMMAD ALAM J.
|
| Lawyers |
Sharif Ahmed,
Saeed Iqbal
|
| Petitioners |
FIDA HUSSAIN
|
| Respondents |
RETURNING OFFICER GBLA-4, HUNZA/NAGAR
|
| Citations |
2016 SLD 906,
2016 CLC 288
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Representation of the People Act, 1976,
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009
|
| Sections |
11,
14(5),
Art. 71(2)
|