| Case ID |
1ecc5140-cc5c-4d91-a94f-4c0ff7c15aed |
| Body |
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| Case Number |
Civil Petition No. 216 of 1985 |
| Decision Date |
Mar 03, 1985 |
| Hearing Date |
Mar 03, 1985 |
| Decision |
The Supreme Court upheld the orders of the Election Tribunal and the Lahore High Court, refusing leave to appeal. The Court found that the Election Tribunal had not committed any jurisdictional or legal error that warranted intervention. The petitioner, Muhammad Arif, contested the decision of the Election Tribunal which had declared his election void, following allegations of irregularities. The Court noted that the issues raised by the petitioner were primarily related to the appreciation of evidence and that the Tribunal had the discretion to refuse the belated application to produce additional evidence. The Court emphasized that the evidence presented was deemed sufficient by the Tribunal, and the legal questions raised did not require further scrutiny. |
| Summary |
This case revolves around the electoral dispute concerning the election of Muhammad Arif as a candidate from the Municipal Corporation Gujranwala. The Election Tribunal had declared his election void based on allegations of irregularities. The Supreme Court, upon reviewing the case, upheld the Tribunal's decision, emphasizing the importance of jurisdictional integrity and the discretionary powers of the Tribunal in handling evidence. The case highlights key aspects of electoral law and the appellate process within the framework of the Constitution of Pakistan, particularly Articles relating to election petitions. The Supreme Court's ruling reinforces the standards for evidence appraisal in electoral disputes, making it a significant reference point for future cases in Pakistan's electoral jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Shafiur Rahman
|
| Lawyers |
Rana Muhammad Sarwar,
S. Inayat Hussain,
Abdul Basit,
Ata-ur-Rehman
|
| Petitioners |
Muhammad Arif
|
| Respondents |
Others,
Election Tribunal, M.C. Gujranwala
|
| Citations |
1985 SLD 915,
1985 SCMR 1706
|
| Other Citations |
Khan Muhammad Yusuf Khan Khattak v. S. M. Ayub and 2 others PLD 1973 S C 160
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Local Councils (Election Petitions) Rules, 1979
|
| Sections |
Art. 185(3),
rr. 3, 4 & 5
|