| Case ID |
2628fbd5-281c-4f40-8bcc-4f4f8b6ee9de |
| Body |
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| Case Number |
Civil Appeal No. 31 of 1968 |
| Decision Date |
Dec 04, 1968 |
| Hearing Date |
Dec 04, 1968 |
| Decision |
The Supreme Court of Pakistan remanded the case back to the Election Tribunal for a fresh hearing regarding the election dispute concerning the Chairman of the Town Committee (District Muzaffargarh). The Court found that the High Court had acted beyond its jurisdiction by assuming the function of the Election Tribunal. The Election Tribunal failed to provide clear findings on the validity of the disputed votes, which led to confusion in the election results. The Court emphasized that both parties should have the opportunity to present evidence regarding the allegations of tampering with the votes. As a result, the previous orders were set aside, and the case was remanded for proper adjudication in accordance with the law. |
| Summary |
This case revolves around an election dispute for the position of Chairman of the Town Committee in Muzaffargarh, Pakistan. The primary issue was the validity of two disputed votes that led to a confusing electoral outcome. The appellant, Muhammad Anwar Qamar, claimed that the election process was compromised by the actions of the Presiding Officer, impacting the secrecy of the ballot. The Supreme Court found that the High Court exceeded its authority by determining the election outcome instead of allowing the Election Tribunal to resolve the matter. The Court's decision highlighted the importance of adhering to legal protocols in election disputes, ensuring that both parties have the opportunity to contest the findings regarding the validity of votes. Keywords include election dispute, Supreme Court of Pakistan, jurisdiction, ballot secrecy, election tribunal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD,
ABDUS SATTAR
|
| Lawyers |
Aftab Hussain, Senior Advocate Supreme Court,
R. A. Jeremy, Advocate Supreme Court,
M. Siddiq, Senior Attorney for Appellant,
D. M. Awan, Advocate Supreme Court,
Pervaiz Akhtar, Advocate Supreme Court,
M. B. Khizar Tamimi, Attorney for Respondent No. 1
|
| Petitioners |
Muhammad Anwar Qamar
|
| Respondents |
Other,
Sh. Allah Wasaya
|
| Citations |
1969 SLD 252,
1969 SCMR 178
|
| Other Citations |
P L D 1957 S C 301
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
Art. 98
|