| Case ID |
2673e50f-f244-45f1-8430-5c1fef7d089f |
| Body |
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| Case Number |
Civil Appeal No. 77 of 1985 |
| Decision Date |
Nov 10, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the order of the Election Tribunal and the Lahore High Court. The Court ruled that the Election Tribunal exceeded its jurisdiction by permitting the addition of new grounds to an election petition, as the power to allow amendments is limited to enhancing existing particulars rather than adding entirely new grounds. The Court emphasized the necessity of adhering to the prescribed rules of election petition amendments, reinforcing the legal framework governing election disputes. This decision underlines the importance of compliance with procedural rules in election matters to ensure fair electoral processes. |
| Summary |
This case revolves around the appeal against the judgment of the Lahore High Court regarding the amendment of an election petition. The Supreme Court addressed the critical issue of whether the Election Tribunal had the authority to permit new grounds of challenge to an election beyond the original petition. The Court emphasized that the rules governing election petitions are explicit in limiting amendments to existing grounds and not allowing new ones. This ruling serves as a significant precedent in election law, reinforcing the need for clarity and adherence to procedural requirements in electoral disputes. The case highlights the balance between the right to challenge electoral decisions and the necessity of maintaining order and integrity in the electoral process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASSAN SHAH, J.,
SHAFIUR RAHMAN, J.,
SAAD SAOOD, JAN, J.
|
| Lawyers |
Shamim Abbas Bokhari, Advocate Supreme Court,
Maqbool Ahmad Qadri, Advocate-on-Record (absent),
A Waheed Salim, Advocate Supreme Court,
Hamid Asiam Qureshi, Advocate-on-Record (absent),
S. Inayat Hussain, Advocate-on-Record (absent)
|
| Petitioners |
Rai MEHMOOD SULTAN
|
| Respondents |
ELECTION TRIBUNAL ZILA COUNCIL DISTRICT JUDGE, GUJRANWALA and others
|
| Citations |
1987 SLD 365,
1987 SCMR 458
|
| Other Citations |
Raja Noor Muhammad v. Raja Muhammad Sadiq and another PLD 1984 Lah. 239
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Local Councils (Election Petitions) Rules, 1979
|
| Sections |
185(3),
1.99,
R.8(4)
|