| Case ID |
208fbf41-e564-4c3d-82fd-c73322a26cf2 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 22 of 1989 |
| Decision Date |
Jun 17, 1989 |
| Hearing Date |
Jun 17, 1989 |
| Decision |
The Supreme Court granted leave to appeal to the petitioner, Muhammad Arif Chaudhary, to consider the implications of whether recounting of votes could be limited or made conditional after an initial order for total recount had been passed. The court acknowledged that the objection raised by the respondent regarding the validity of ballot papers was significant and that the absence of a recrimination plea in the written statement could affect the recount process. The court emphasized the importance of the procedural integrity in electoral disputes and allowed the matter to be heard at an early date with liberty for parties to submit additional documents. |
| Summary |
This case revolves around an election petition for recounting of votes from an electoral unit in Okara. The petitioner, Muhammad Arif Chaudhary, challenged the Election Tribunal's order that accepted objections against the total recount of votes. The Supreme Court of Pakistan, presided by judges Shafiur Rahman and Ali Hussain Qazilbash, emphasized the importance of proper legal procedures in electoral matters. The court granted leave to appeal to determine whether the petitioner could challenge the correctness of the vote count while also contesting its incorrectness, highlighting the complex interplay of legal arguments in election disputes. This case underscores the critical nature of electoral fairness and the legal frameworks governing election petitions, which are vital for upholding democratic principles. Keywords: election petition, recount of votes, electoral integrity, Supreme Court of Pakistan, legal procedures, election laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Ch. Khalilur Rahman,
Sh. Salah-ud-Din,
Tanvir Bashir Ansari,
lmtiaz Muhammad Khan
|
| Petitioners |
MUHAMMAD ARIF CHAUDHARY
|
| Respondents |
ELECTION TRIBUNAL,
Ch. Khalilur Rahman,
Tanvir Bashir Ansari,
lmtiaz Muhammad Khan
|
| Citations |
1990 SLD 683,
1990 SCMR 547
|
| Other Citations |
P L D 1975 J p. 41,
A I R 1964 p. 1200
|
| Laws Involved |
Punjab Local Councils (Election Petitions) Rules, 1979,
Constitution of Pakistan (1973)
|
| Sections |
11,
12,
185(3)
|