| Case ID |
2b726a03-ad87-4afd-a56f-94761bd12d3e |
| Body |
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| Case Number |
Election Petition No. 53 of 2018 |
| Decision Date |
Dec 18, 2018 |
| Hearing Date |
Dec 15, 2018 |
| Decision |
The election petition was dismissed on the grounds that the petitioner failed to provide sufficient evidence of corrupt practices or illegal acts during the election process. The court noted that vague allegations without proper substantiation do not warrant a recount of votes. The petitioner did not prove the factual controversy of alleged corrupt practices, and the previous rulings of the Returning Officer and Election Commission were upheld. Thus, the respondent was declared the rightful candidate based on the election results. |
| Summary |
In the case of Election Petition No. 53 of 2018, the Balochistan High Court addressed allegations of corrupt practices during the elections for the Provincial Assembly seat PB-41 Washuk. The petitioner, Mujeeb-Ur-Rehman Muhammad Hassani, contested the election results, claiming interference and misconduct by the election officials and supporters of the opposing candidate, Zabid Ali. The court examined the evidence presented, including affidavits from witnesses, but found them to lack specific details necessary to substantiate claims of electoral fraud. The court emphasized that mere allegations without solid proof are insufficient for legal action. Ultimately, the petition was dismissed, affirming the election results and the integrity of the election process. This case underscores the importance of providing concrete evidence in electoral disputes and the court's role in maintaining the sanctity of democratic processes. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR
|
| Lawyers |
Arbab Muhammad Tahir,
Aurangzaib Khan Kakar,
Kamran Murtaza,
Asif Reki No.2,
Jameel Ramzan,
Muhammad Rafique Langov
|
| Petitioners |
Mujeeb-Ur-Rehman Muhammad Hassani
|
| Respondents |
16 OTHERS,
Zabid Ali,
Returning Officer PB-41 Washuk
|
| Citations |
2019 SLD 1684,
2019 MLD 1415
|
| Other Citations |
Not available
|
| Laws Involved |
Elections Act, 2017
|
| Sections |
95(5),
139,
144,
144(1)(b)
|