| Case ID |
2b82cbc1-645f-48b6-a946-ae14983297aa |
| Body |
View case body. Login to View |
| Case Number |
D-1826 of 2002 |
| Decision Date |
Oct 30, 2002 |
| Hearing Date |
Oct 25, 2002 |
| Decision |
The court ruled that the Election Commission has a mandatory duty under Section 42(4) of the Representation of the People Act, 1976 to publish the name of the candidate who secures the highest number of votes. It was determined that since the petitioner, Kunwar Khalid Younus, had submitted his election expenses, the Commission was obliged to notify him as the returned candidate. The court emphasized that any allegations of irregularities must be established with evidence, akin to a criminal charge, and any benefits of doubt should favor the returned candidate. The court found that the failure to publish the name would adversely affect the electoral process and the representation of the electorate. The interim orders previously issued were deemed inappropriate as they might hinder the electoral process. |
| Summary |
In the case before the Sindh High Court, the petitioner, Kunwar Khalid Younus, challenged the failure of the Election Commission to publish his name as the returned candidate after he secured the highest votes in the National Assembly elections. The court examined the provisions under the Representation of the People Act, 1976, particularly sections pertaining to the publication of election results and the submission of election expense returns. The ruling reaffirmed that the Election Commission has a ministerial duty to publish results based on verified counts, and any allegations of electoral misconduct must be substantiated with solid evidence. This case highlights the critical importance of transparency in electoral processes and the adherence to legal obligations by electoral bodies, which is essential for maintaining the integrity of democratic institutions. The decision reinforced the principle that electoral disputes should not obstruct the rightful representation of voters, emphasizing that interim orders affecting elected officials should be approached with caution. This ruling sets a precedent for future electoral disputes, ensuring that candidates are rightfully notified of their election status, thereby protecting the electoral process and the representation of the electorate. |
| Court |
Sindh High Court
|
| Entities Involved |
Election Commission,
M.Q.M. (Altaf Group)
|
| Judges |
SABIHUDDIN AHMED,
AMIR HANI MUSLIM
|
| Lawyers |
Makhdoom Ali Khan,
Nadeem Azhar,
Raja Haq Nawaz,
Muhammad Junaid Farooqui,
Iqbal Aqueel,
K.M. Nadeem,
Aftab Ahmad Shaikh
|
| Petitioners |
KUNWAR KHALID YOUNUS
|
| Respondents |
FEDERATION OF PAKISTAN,
Respondent No. 3,
Respondent No. 1
|
| Citations |
2003 SLD 3339,
2003 PLD 209
|
| Other Citations |
Mohtarma Benazir Bhutto v. President of Pakistan PLD 2000 SC 77,
Hafeezullah Cheema's case PLD 1977 Jour. 164,
Masroor Ahsan v. Muhammad Tariq Chaudhry 1991 SCMR 668,
Wasim Sajjad v. Mukhtar Hussain Shah 1986 SCMR 48,
Shaikh Abdul Hameed v. Punjab Local Council Authority 1984 CLC 993,
Presiding Officer v. Sadruddin Ansari PLD 1967 SC 569,
Aahad Yousuf's case 1986 CLC 1284
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
42(4),
50,
103-AA
|