| Case ID |
2b3f9a59-d501-49f3-ac55-b6e5c18b8019 |
| Body |
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| Case Number |
Election Petition No. 2 of 2019 |
| Decision Date |
Apr 18, 2019 |
| Hearing Date |
Apr 13, 2019 |
| Decision |
The election petition was dismissed due to multiple legal deficiencies. The petitioner failed to file the petition within the stipulated time frame, which is 45 days from the publication of the official notification of the returned candidate. Furthermore, the petitioner did not attach the necessary documentation including an affidavit of service and did not verify the petition on oath, rendering it non-compliant with the Elections Act, 2017. The court emphasized that legal requirements must be strictly adhered to, and the failure to do so renders the election petition non-maintainable. The issues raised regarding alleged rigging were not sufficient to overcome these procedural deficiencies. |
| Summary |
In the case of Election Petition No. 2 of 2019, filed in the Balochistan High Court, the petitioner Wali Muhammad challenged the election result of Qadir Ali, the returned candidate from constituency PB-26 Quetta-III, citing massive rigging as a basis for the petition. However, the court found the petition to be time-barred as it was filed after the legally mandated period of 45 days post the election notification. Additionally, the petitioner failed to provide necessary documents, including proof of service to the respondents, and did not verify the petition on oath. The court highlighted that compliance with procedural requirements is essential for the maintainability of election petitions. As a result, the petition was dismissed, reinforcing the importance of adhering to legal stipulations in electoral processes. This case underscores the critical nature of timely and correctly filed election petitions in maintaining the integrity of electoral processes. Keywords such as 'Election Petition', 'Balochistan High Court', and 'Elections Act 2017' are relevant for enhancing search visibility. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDULLAH BALOCH
|
| Lawyers |
ISHAQ NASAR,
RAHEEM-UD-DIN,
SYED AYAZ ZAHOOR
|
| Petitioners |
WALI MUHAMMAD
|
| Respondents |
RETURNING OFFICER,
NASEER AHMED,
QADIR ALI,
SHAI HAQ,
ZUBAIR NASEEM KHUWAJA,
SYED AYAZ ZAHOOR
|
| Citations |
2019 SLD 3262,
2019 PLD 68
|
| Other Citations |
Hina Manzoor v. Malik Ibrar Ahmed and others PLD 2015 SC 396,
Zia ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015
|
| Laws Involved |
Elections Act, 2017,
Representation of the People Act, 1976,
Criminal Procedure Code (V of 1898),
Civil Procedure Code (V of 1908)
|
| Sections |
55(3),
142,
143,
144,
144(4),
139,
142(1),
144(2)(c),
145,
55,
63(a),
143,
S.39,
139,
O.VI,
R.15
|