| Case ID |
2059d364-b293-4251-9503-05c25ee76204 |
| Body |
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| Case Number |
Election Appeal No. 8 of 2016 |
| Decision Date |
Sep 18, 2018 |
| Hearing Date |
Sep 18, 2018 |
| Decision |
The appeal was dismissed due to the failure of the petitioner to verify the election petition as mandated by law. The Election Tribunal found that the election petition was not verified in accordance with the provisions of the Sindh Local Government Act and the Civil Procedure Code. The lack of prior notice served to the respondents was also a significant factor in the dismissal. The court emphasized that the mandatory requirements for verification and notice are critical for maintaining the integrity of the electoral process. The decision reinforced that procedural compliance is necessary to ensure fairness in election petitions and that violations cannot be excused. The judgment cited several precedents to support its conclusion, stressing the importance of adhering to statutory requirements in election-related disputes. |
| Summary |
In the case of Election Appeal No. 8 of 2016, the Sindh High Court addressed the procedural requirements for election petitions under the Sindh Local Government Act and related laws. The appeal arose from a dismissal by the Election Tribunal due to the petitioner's failure to verify the election petition properly and provide prior notice to the respondents. The court ruled that these requirements are not merely technicalities but essential components of the electoral process that must be strictly followed to ensure fairness and transparency. The decision highlighted the importance of adhering to legal protocols in election disputes, referencing various case laws that underscore the mandatory nature of verification and notice requirements. This ruling serves as a crucial reminder for future election petitioners to comply with all procedural obligations to avoid dismissal. Key laws involved include the Sindh Local Government Act, Civil Procedure Code, and Representation of the People Act, which collectively establish the framework for conducting and challenging elections in Pakistan. The case illustrates the judiciary's commitment to upholding electoral integrity by enforcing strict compliance with legal standards. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA FAISAL, JUSTICE
|
| Lawyers |
Inayatullah G. Morio,
Rafique Ahmed K. Abro,
Khadim Hussain Khoso,
Abdul Rasheed Abro,
Ali Raza Pathan
|
| Petitioners |
Inayatullah G. Morio
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY, ISLAMABAD AND 8 OTHERS,
Khadim Hussain Khoso No.4,
Abdul Rasheed Abro, Assistant Attorney General for Federation of Pakistan,
Ali Raza Pathan, State Counsel for Province of Sindh
|
| Citations |
2019 SLD 1985,
2019 YLR 2098
|
| Other Citations |
Inayatullah v. Syed Khursheed Ahmed Shah and others 2014 SCMR 1477,
Oil and Gas Development Corporation Ltd. v. Claugh Engineering Ltd. 1999 MLD 254,
Muhammad Afzal v. Mubarak Ali Anjum and 3 others 1997 MLD 769,
Salahuddin v. Syed Mansoor Ali Shah and others 1997 SCMR 414,
Sultan Mahmood Hinjra v. Malik Ghulam Mustafa Khar and others 2016 SCMR 1312,
Bilal Akbar Bhatti v. Election Tribunal Multan and others PLD 2015 Lah. 272,
Jaleel Ahmed v. Election Commission of Pakistan and others 2017 YLR 557,
Muhammad Ameen and another v. Jawaid Ali and others 2017 YLR Note 429
|
| Laws Involved |
Sindh Local Government Act, (XLII of 2013),
Civil Procedure Code (V of 1908),
Representation of the People Act, 1976,
Sindh Local Councils Elections Rules, 2015
|
| Sections |
46,
O.VI,R.15,
54,
55,
63,
R.61(b),
62(3),
64
|